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STATE v. CLARK

No. 77-361-CR.

87 Wis.2d 804 (1979)

275 N.W.2d 715

STATE, Plaintiff in error and Cross-Respondent, v. CLARK, Defendant in error and Cross-Appellant.

Supreme Court of Wisconsin.

Decided February 27, 1979.

Attorney(s) appearing for the Case

For the defendant in error the cause was submitted on the briefs of Howard B. Eisenberg, state public defender, and Melvin F. Greenberg, assistant state public defender.

For the plaintiff in error the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Marguerite M. Moeller, assistant attorney general.

WILLIAM G. CALLOW, J.

The defendant, Homer Lewis Clark, was convicted following a jury trial of second-degree sexual assault contrary to sec. 940.225 (2) (e), Stats. The defendant brought postverdict motions seeking a judgment of acquittal and, alternatively, a new trial. The trial court denied the motion for a judgment of acquittal but ordered a new trial on the ground that it erred in admitting the complainant's testimony that she never had sexual intercourse prior...

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