LOVE v. STATE

No. State 183.

64 Wis.2d 432 (1974)

219 N.W.2d 294

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

Supreme Court of Wisconsin.

Decided June 28, 1974.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Patrick J. Devitt, Legal Aid Society of Milwaukee.

For the defendant in error the cause was argued by Christine M. Wiseman, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.


BEILFUSS, J.

The defendant argues (1) that the victim, a three-and-one-half-year-old child, was incompetent to testify and that the trial court should have, sua sponte, stricken her testimony; (2) that the court erred in allowing the mother to testify as to the hearsay statements made by the victim the morning after the incident upon the grounds the statements were hearsay and not a res gestae exception; and (3) that the evidence is insufficient to sustain...

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