State ex rel. Kurtz v. Knutson

CourtUnited States State Supreme Court of Wisconsin
Writing for the CourtBROADFOOT
Citation93 N.W.2d 348,5 Wis.2d 609
PartiesSTATE ex rel. Joan KURTZ, Respondent, v. Odell KNUTSON, Appellant.
Decision Date02 December 1958

Page 348

93 N.W.2d 348
5 Wis.2d 609
STATE ex rel. Joan KURTZ, Respondent,
v.
Odell KNUTSON, Appellant.
Supreme Court of Wisconsin.
Dec. 2, 1958.

Darrell MacIntyre, George E. Hass, Madison, James R. Schipper, Viroqua, of counsel, for appellant.

Page 349

Stewart G. Honeck, Atty. Gen., William A. Platz, Asst. Atty. Gen., Larry A. Sieger, Dist. Atty. Vernon County, Viroqua, for respondent.

BROADFOOT, Justice.

The defendant first contends that the evidence presented by the plaintiff was insufficient to sustain the verdict.

The complaining witness testified to but one act of sexual intercourse with the defendant, and that the date was either March 28, 1956 or April 4, 1956, the night being identified as on a Wednesday because fights were shown on television. She further testified that the defendant called for her at her home in Viroqua soon after the fight started; that he took her out in a car and that the act of intercourse took place outside of the city but in Vernon county; that she did not have intercourse with any man other than the defendant during March or April, 1956.

The complainant was nineteen years of age at the time and had never been married up to the time of the trial in October, 1957. In 1956 she resided with her mother, a brother, and three sisters. Her father was in the armed services at that time.

Her mother testified that she returned to the home one evening during the latter part of March or the first part of April in 1956; that the defendant was at the home, and that [5 Wis.2d 611] he and the complaining witness left sometime between 9 and 9:30 in the evening. She could not state the exact date or that it was on a Wednesday evening. She further testified that after she learned that her daughter was pregnant she wrote a letter to the defendant and he came and talked to her; that during that conversation the defendant stated he had had intercourse with the complainant.

The defendant denied that he had ever had intercourse with the complaining witness, although he did not deny the conversation with her mother. He offered testimony that he was in Janesville on the evening of March 28 and also on the evening of April 4. Other witnesses from Janesville testified that on both evenings he was in a tavern in Janesville watching the fights on television. He offered in evidence a copy of the Janesville Daily Gazette dated March 28, 1956, showing a bad storm in the early hours of that date. He also introduced in evidence a card...

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6 practice notes
  • State ex rel. Schlehlein v. Duris, No. 204
    • United States
    • United States State Supreme Court of Wisconsin
    • February 29, 1972
    ...ex rel. Kapusta v. Weir (1960), 12 Wis.2d 96, 99, 106 N.W.2d 292, in which this court stated: "In State ex rel. Kurtz v. Knutson (1958), 5 Wis.2d 609, 611, 93 N.W.2d 348, this court "'In illegitimacy proceedings the testimony of the complaining witness that she had timely intercourse with t......
  • State ex rel. Stollberg v. Crittenden
    • United States
    • United States State Supreme Court of Wisconsin
    • January 4, 1966
    ...Heuer v. Heuer (1959), 7 Wis.2d 208, 213, 96 N.W.2d 485; In re Estate of Brandenburg (1961), 13 Wis.2d 217, 225, 108 N.W.2d 374. 2 (1958), 5 Wis.2d 609, 611, 93 N.W.2d 348, 349; quoted with approval in State ex rel. Kapusta v. Weir (1960), 12 Wis.2d 96, 99, 106 N.W.2d 292; and State ex rel.......
  • State ex rel. Sarnowski v. Fox
    • United States
    • United States State Supreme Court of Wisconsin
    • February 5, 1963
    ...rel. Kapusta v. Weir (1960), 12 Wis.2d 96, 99, 106 N.W.2d 292, 294, in which this court stated: 'In State ex rel. Kurtz v. Knutson, 1958, 5 Wis.2d 609, 611, 93 N.W.2d 348, 349, this court 'In illegitimacy proceedings the testimony of the complaining witness that she had timely intercourse w......
  • State ex rel. Kapusta v. Weir
    • United States
    • United States State Supreme Court of Wisconsin
    • November 29, 1960
    ...doubt that the child born to the complainant on June 29, 1957, was the child of the defendant. In State ex rel. Kurtz v. Knutson, 1958, 5 Wis.2d 609, 611, 93 N.W.2d 348, 349, this court 'In illegitimacy proceedings the testimony of the complaining witness that she had timely intercourse wit......
  • Request a trial to view additional results
6 cases
  • State ex rel. Schlehlein v. Duris, No. 204
    • United States
    • United States State Supreme Court of Wisconsin
    • February 29, 1972
    ...ex rel. Kapusta v. Weir (1960), 12 Wis.2d 96, 99, 106 N.W.2d 292, in which this court stated: "In State ex rel. Kurtz v. Knutson (1958), 5 Wis.2d 609, 611, 93 N.W.2d 348, this court "'In illegitimacy proceedings the testimony of the complaining witness that she had timely intercourse with t......
  • State ex rel. Stollberg v. Crittenden
    • United States
    • United States State Supreme Court of Wisconsin
    • January 4, 1966
    ...Heuer v. Heuer (1959), 7 Wis.2d 208, 213, 96 N.W.2d 485; In re Estate of Brandenburg (1961), 13 Wis.2d 217, 225, 108 N.W.2d 374. 2 (1958), 5 Wis.2d 609, 611, 93 N.W.2d 348, 349; quoted with approval in State ex rel. Kapusta v. Weir (1960), 12 Wis.2d 96, 99, 106 N.W.2d 292; and State ex rel.......
  • State ex rel. Sarnowski v. Fox
    • United States
    • United States State Supreme Court of Wisconsin
    • February 5, 1963
    ...rel. Kapusta v. Weir (1960), 12 Wis.2d 96, 99, 106 N.W.2d 292, 294, in which this court stated: 'In State ex rel. Kurtz v. Knutson, 1958, 5 Wis.2d 609, 611, 93 N.W.2d 348, 349, this court 'In illegitimacy proceedings the testimony of the complaining witness that she had timely intercourse w......
  • State ex rel. Kapusta v. Weir
    • United States
    • United States State Supreme Court of Wisconsin
    • November 29, 1960
    ...doubt that the child born to the complainant on June 29, 1957, was the child of the defendant. In State ex rel. Kurtz v. Knutson, 1958, 5 Wis.2d 609, 611, 93 N.W.2d 348, 349, this court 'In illegitimacy proceedings the testimony of the complaining witness that she had timely intercourse wit......
  • Request a trial to view additional results

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