Legal Opinion

Wagner v. State

Wisconsin Supreme Court

Decided April 2, 1935PublishedCited by 2 opinions

1Opinion of the CourtFritz, J.

Defendant contends that the evidence was insufficient to establish his guilt beyond a reasonable doubt on either charge; and that, in order to sustain a conviction on the charge that his breaking and entry was with the intent to commit the crime of adultery, in violation of sec. 343.10, Stats., it was essential, as the consummation of adultery was necessarily contingent upon the consent of the female, that his intent must have been founded on some reasonable probability of obtaining such consent. No useful purpose will be served by any extended statement of the facts, which were established…

2Cases cited12 opinions

  1. People v. ShaberCalifornia Supreme Court · 1867
  2. Nicholls v. StateWisconsin Supreme Court · 1887
  3. State v. EmmonsSupreme Court of Iowa · 1887
  4. Schultz v. StateNebraska Supreme Court · 1911
  5. Monk v. StateSupreme Court of Arkansas · 1912

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. People v. GillSupreme Court of Colorado · 1973
  2. State ex rel. Wagner v. LeeWisconsin Supreme Court · 1936

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