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BROWN v. STATE

No. State 11.

59 Wis.2d 200 (1973)

207 N.W.2d 602

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

Supreme Court of Wisconsin.

Decided June 5, 1973.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by James R. Glover and Hauser, Glover & Casey, S. C., all of Madison, and oral argument by James R. Glover.

For the defendant in error the cause was argued by Charles D. Hoornstra, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

WILKIE, J.

Three issues are raised in this review:

1. Was the evidence adduced at trial sufficient to support the conviction for rape?

2. Did the trial court err in refusing to give an instruction requested by defendant which required, for there to be rape, fear of imminent physical violence which rendered the rape victim incapable of resisting?

3. Did the trial court err in failing to instruct the...

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