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WHITTY v. STATE

34 Wis.2d 278 (1967)

WHITTY, Plaintiff in error, v. STATE, Defendant in error. [Two cases.]

Supreme Court of Wisconsin.

April 11, 1967.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs and oral argument by Robert H. Friebert, public defender.

For the defendant in error the cause was argued by Robert E. Sutton, assistant district attorney of Milwaukee county, with whom on the brief were Bronson C. La Follette, attorney general, William A. Platz, assistant attorney general, and Hugh R. O'Connell, district attorney.

HALLOWS, J.

According to the evidence, which the jury apparently believed, Whitty on May 22, 1965, approached a group of children playing in an alley near North Thirty-sixth and West Brown streets in the city of Milwaukee. He asked the complaining witness, a girl of ten years, if she would help him find a black and white rabbit which he had lost—a nonexistent little rabbit which reappears in the case to raise one...

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