BERG v. STATE

No. State 50.

41 Wis.2d 729 (1969)

165 N.W.2d 189

BERG, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided March 4, 1969.


Attorney(s) appearing for the Case

For the plaintiff in error there were briefs and oral argument by James H. McDermott, state public defender.

For the defendant in error the cause was argued by Harold B. Jackson, Jr., assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and E. Michael McCann, district attorney.


HEFFERNAN, J.

On this appeal the defendant contends that the uncontroverted testimony that the assailant of the prosecutrix had no erection during the incident in question establishes that such assailant had no intent to "perform acts and attain a result which, if accomplished, would constitute [the crime of rape]." We are satisfied that this defense is without merit. Although it is apparent that the inability of an assailant...

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