STATE v. GERALD L.C.

No. 94-2111-CR.

194 Wis.2d 548 (1995)

535 N.W.2d 777

STATE of Wisconsin, Plaintiff-Respondent, v. GERALD L. C., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 3, 1995.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Steven A. Koch of Seymour, Kremer, Nommensen, Morrissy & Koch of Elkhorn.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Gregory M. Posner-Weber, assistant attorney general.

Before Anderson, P.J., Brown and Snyder, JJ.


SNYDER, J.

Gerald L.C. appeals an order binding him over for trial on charges of second-degree sexual assault of a child and incest. Gerald argues that the trial court erroneously exercised its discretion at the preliminary hearing when it allowed into evidence an out-of-court statement made by Gerald's fourteen-year-old daughter to a police officer accusing Gerald of sexual assault. We conclude that the hearsay statement is not admissible under either the excited...

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