State v. Willing

CourtUnited States State Supreme Court of Wisconsin
Writing for the CourtBROWN
Citation48 N.W.2d 236,259 Wis. 395
Decision Date15 June 1951
PartiesSTATE, v. WILLING.

Page 236

48 N.W.2d 236
259 Wis. 395
STATE,
v.
WILLING.
Supreme Court of Wisconsin.
June 15, 1951.

Thronson, Roethe & Agnew, Janesville, for appellant.

Vernon W. Thomson, Atty. Gen., William A. Platz, Asst. Atty. Gen., [259 Wis. 396] Frank X. Kinast, Dist. Atty. Rock Co., Janesville, for respondent.

BROWN, Justice.

The complaining witness, Miss Gilbert, testified that she and Willing, with another couple, attended the Janesville High School Junior Prom. They rode in the automobile of the other young man. After the dance they drove to Lake Geneva where they stopped briefly and from there to Milwaukee where they ate a meal and then returned to Janesville. She testified that while traveling to Milwaukee and while the car was in motion she and Willing had sexual intercourse on the back seat of the auto. She says she never had intercourse with anyone at any other time. Almost exactly nine months later a baby was born to her.

The appellant testified that he had never had intercourse with Miss Gilbert and, in particular, that on the trip from Lake Geneva to Milwaukee he drove the car. The two other occupants of the car testified that he was the driver as he claimed, that they would have known if an act of intercourse had taken place, and that none did. There was impeaching testimony that one of these witnesses had previously said that Willing drove a short distance out of Lake Geneva and then he and Miss Gilbert changed into the back seat. Concerning the intercourse the testimony is similar to that in State v. Van Patten, 1940, 236 Wis. 186, 294 N.W. 560, where a third party in the automobile corroborated the defendant's claim of no intercourse. We held there that the evidence presented an issue for the jury but reversed and directed a new trial for other reasons.

Appellant submits that so many improbabilities attach to Miss Gilbert's testimony that on the main point she is unworthy of belief. An analysis of the evidence

Page 237

shows only one serious improbability. If the jury could and did settle that in her favor the others become natural and believable. The key improbability relied on is Miss Gilbert's testimony that [259 Wis. 397] she did not know she was pregnant until she was told so after the birth of the baby. She was then nineteen years old. She had previously suffered from adhesions and a kidney ailment and thought she might have a tumor. She consulted no doctor during gestation. During the whole time she carried the child she...

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8 practice notes
  • State ex rel. Schlehlein v. Duris, No. 204
    • United States
    • United States State Supreme Court of Wisconsin
    • February 29, 1972
    ...is the father of her child, if the jury believed it. Wille v. State ex rel. Kessler, 192 Wis. 224, 212 N.W. 260; State v. Willing, 259 Wis. 395, 48 N.W.2d 236.'' ' State ex rel. Sarnowski v. Fox (1963), 19 Wis.2d 68, 70, 119 N.W.2d We believe this rule should likewise apply to a review of a......
  • State ex rel. Stollberg v. Crittenden
    • United States
    • United States State Supreme Court of Wisconsin
    • January 4, 1966
    ...is the father of her child, if the jury believed it. Wille v. State ex rel. Kessler, 192 Wis. 224, 212 N.W. 260; State v. Willing, 259 Wis. 395, 48 N.W.2d 236.' (Emphasis Page 96 We conclude that there was credible evidence which reasonable supports the jury's verdict. [29 Wis.2d 417] Alleg......
  • State ex rel. Sarnowski v. Fox
    • United States
    • United States State Supreme Court of Wisconsin
    • February 5, 1963
    ...is the father of her child, if the jury believed it. Willie v. State ex rel. Kessler, 192 Wis. 224, 212 N.W. 260; State v. Willing, 259 Wis. 395, 48 N.W.2d Defendant-appellant raises these issues on this appeal: 1. Whether certain incidents which occurred during the trial constituted prejud......
  • Prochnow v. Prochnow
    • United States
    • United States State Supreme Court of Wisconsin
    • January 7, 1957
    ...a verdict that he is the father of her child. Wille v. State ex rel. Kessler, 1927, 192 Wis. 224, 212 N.W. 260; State v. Willing, 1951, 259 Wis. 395, 48 N.W.2d 236. That is the common rule. 'In the absence of a statute requiring corroboration, the jury may find that defendant is the father ......
  • Request a trial to view additional results
8 cases
  • State ex rel. Schlehlein v. Duris, No. 204
    • United States
    • United States State Supreme Court of Wisconsin
    • February 29, 1972
    ...is the father of her child, if the jury believed it. Wille v. State ex rel. Kessler, 192 Wis. 224, 212 N.W. 260; State v. Willing, 259 Wis. 395, 48 N.W.2d 236.'' ' State ex rel. Sarnowski v. Fox (1963), 19 Wis.2d 68, 70, 119 N.W.2d We believe this rule should likewise apply to a review of a......
  • State ex rel. Stollberg v. Crittenden
    • United States
    • United States State Supreme Court of Wisconsin
    • January 4, 1966
    ...is the father of her child, if the jury believed it. Wille v. State ex rel. Kessler, 192 Wis. 224, 212 N.W. 260; State v. Willing, 259 Wis. 395, 48 N.W.2d 236.' (Emphasis Page 96 We conclude that there was credible evidence which reasonable supports the jury's verdict. [29 Wis.2d 417] Alleg......
  • State ex rel. Sarnowski v. Fox
    • United States
    • United States State Supreme Court of Wisconsin
    • February 5, 1963
    ...is the father of her child, if the jury believed it. Willie v. State ex rel. Kessler, 192 Wis. 224, 212 N.W. 260; State v. Willing, 259 Wis. 395, 48 N.W.2d Defendant-appellant raises these issues on this appeal: 1. Whether certain incidents which occurred during the trial constituted prejud......
  • Prochnow v. Prochnow
    • United States
    • United States State Supreme Court of Wisconsin
    • January 7, 1957
    ...a verdict that he is the father of her child. Wille v. State ex rel. Kessler, 1927, 192 Wis. 224, 212 N.W. 260; State v. Willing, 1951, 259 Wis. 395, 48 N.W.2d 236. That is the common rule. 'In the absence of a statute requiring corroboration, the jury may find that defendant is the father ......
  • Request a trial to view additional results

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