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LHOST v. STATE

No. 76-564-CR.

85 Wis.2d 620 (1978)

271 N.W.2d 121

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

Supreme Court of Wisconsin.

Decided October 31, 1978.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was argued by Garrett N. Kavanagh, assistant state public defender, with whom on the brief was Howard B. Eisenberg, state public defender.

For the defendant in error the cause was argued by David J. Becker, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

COFFEY, J.

There are two issues presented on appeal:

1. Was the evidence sufficient to sustain a verdict of guilty to the crime of attempted rape?

2. Did the trial court err in refusing to admit the results of polygraph test favorable to the defendant because the prosecution refused to stipulate?

The defense has alleged that the evidence is not sufficient to meet the statutory elements of attempted rape. Attempted rape is defined by sec. 944...

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