DATKA v. STATE


266 Wis. 124 (1954)

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

Supreme Court of Wisconsin.

February 2, 1954.


Attorney(s) appearing for the Case

The cause was submitted for the plaintiff in error on the brief of Rubin & Ruppa of Milwaukee, and for the defendant in error on the brief of the Attorney General and William J. McCauley, district attorney of Milwaukee county, and Aladin A. DeBrozzo, deputy district attorney.


BROWN, J.

Miss Datka was prosecuted under sec. 351.05, Stats., for fornication on March 25, 1951, with Ervin Diefenbach, who was then a married man. His age at that time was thirty-two and hers was nineteen. Up to the time the state rested, its witnesses were Lorraine, wife of Mr. Diefenbach on the date of the offense but divorced from him at the time of trial, and the complainant, a police officer named Rasmussen. The information and warrant were not issued until...

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