GULLICKSON v. STATE


256 Wis. 407 (1950)

GULLICKSON, Plaintiff in error, vs. THE STATE, Defendant in error.

Supreme Court of Wisconsin.

February 7, 1950.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Cadigan & Cadigan of Superior, and Donald L. Farr of Eau Claire, and oral argument by Mr. Charles P. Cadigan and Mr. Farr.

For the defendant in error there was a brief by the Attorney General and William A. Platz, assistant attorney general, and oral argument by Mr. Platz and Mr. Andy Borg, district attorney of Douglas county.


HUGHES, J.

We conclude that the conflict in the testimony of the state's witnesses affects the weight of such testimony only; it does not render it incredible, so that if a jury believes it, it is sufficient to support a conviction.

If a woman in the vigorous years of life had resisted no more than the complaining witness, it would present a serious question of whether she had not submitted before the rape was accomplished. However, the amount of resistance...

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