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STATE v. PITTMAN

No. 91-1413-CR.

174 Wis.2d 255 (1993)

496 N.W.2d 74

STATE of Wisconsin, Plaintiff-Respondent, v. Anthony PITTMAN, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided March 10, 1993.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs and oral argument by Jack E. Schairer, assistant state public defender.

For the plaintiff-respondent the cause was argued by Sharon Ruhly, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

STEINMETZ, J.

There are five issues presented in this case. First, in a criminal prosecution under sec. 940.225(2)(d), Stats., "sexual intercourse with a person who the defendant knows is unconscious," whether an expert's opinion that a woman under hypothetical conditions similar to those presented in this case could not sleep through a complete act of sexual intercourse was properly excluded by the trial court under sec. 904.01 (relevant evidence) and sec. 907.02...

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