Brown v. State
Wisconsin Supreme Court
Error to review a judgment of the circuit court for La Eáyette county: George ClemeNtsoN, Circuit Judge. Writ of error to review conviction for rape and ten years’ ■sentence to the state reformatory.
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Error to review a judgment of the circuit court for La Eáyette county: George ClemeNtsoN, Circuit Judge. Writ of error to review conviction for rape and ten years’ ■sentence to the state reformatory. The information alleged that “on the 27th day of October, in the year 1904, at said ■county, Grant Brown did ravish and carnally know one Edna Nethery, a female of the age of fourteen years and more, by force and against her will and against the peace and dignity of the state of Wisconsin.” The two parties were children of neighboring farmers who had known each other all their lives. 'The accused…
1Opinion of the CourtDodge, J.
1. As the statement of facts discloses, the only mooted question was that of prosecutrix’s physical resistance to the act of intercourse, and, as to this, counsel for plaintiff in error urges, with great force, that there was not evidence sufficient to satisfy any reasonable mind, beyond reasonable *199doubt, of sueb resistance as the law makes sine qua non to tbe crime of rape. We need not reiterate those considerations of the ease of assertion of the forcible accomplishment of the sexual act, with impossibility of defense save by direct denial, or of the proneness of the woman, when she finds…
2Cases cited39 opinions
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Hempton v. StateWisconsin Supreme Court · 1901
- Cornell v. StateWisconsin Supreme Court · 1899
- Wolfgram v. Town of SchoepkeWisconsin Supreme Court · 1904
34 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- People v. BarnesCalifornia Supreme Court · 1986
- State ex rel. M.T.S.Supreme Court of New Jersey · 1992
- State v. EcholsWisconsin Supreme Court · 1993
- State v. SchmearWisconsin Supreme Court · 1965
- State v. WatersWisconsin Supreme Court · 1965
43 more not listed; retrieve them via the Exa API.