Varga v. State
| Citation | 201 Wis. 579,230 N.W. 629 |
| Parties | VARGA v. STATE. |
| Decision Date | 29 April 1930 |
| Court | United States State Supreme Court of Wisconsin |
OPINION TEXT STARTS HERE
Error to review a judgment of the Municipal Court of Milwaukee County; George A. Shaughnessy, Judge.
Affirmed.
On the 8th day of October, 1929, Frank Varga was convicted in the municipal court of Milwaukee county of having, on the 29th day of June, 1929, taken indecent liberties with the privates of one George Bruckner, a minor of the age of 17 years, contrary to the provisions of section 351.41 Stats., and sentenced to the house of correction for one year. To review the conviction, judgment, and sentence, plaintiff in error secured a writ of error.W. J. Kershaw, of Milwaukee (Willard A. Bowman, of Milwaukee, of counsel), for plaintiff in error.
John W. Reynolds, Atty. Gen., and Geo. A. Bowman, Dist. Atty., and John P. Donnelly, Asst. Dist. Atty., both of Milwaukee, for the State.
The plaintiff in error, hereinafter called the defendant, assigns no procedural errors, nor errors in connection with the submission of the case to the jury. The errors assigned all go to the point that the evidence does not support the verdict.
The evidence on the part of the state consists of the testimony of George Bruckner, the offended though not the complaining witness, who testified to facts constituting the offense. His testimony finds some corroboration in the proved penchant of the defendant, who was 43 years of age, for the society of young boys. The defendant denied the commission of the offense, and there was testimony on the part of other boys to the effect that they were in defendant's room at the time the offense is claimed to have been committed, and that George Bruckner was not present at the time.
[1] It is argued that the testimony of Bruckner, taken in connection with his testimony given on the preliminary examination, where many questions were answered by him to the effect that he did not remember, was so unsatisfactory as to discredit it entirely and to leave the verdict without any support in the evidence. His testimony upon the trial was plain, straightforward, direct, and to the point that the defendant committed the offensive act of which he was convicted. Granted that the circumstances referred to tended to discredit his testimony, it was clearly within the function of the jury to determine whether he was telling the truth upon the trial, or whether he was evasive and prevaricating when he claimed he did not remember upon the...
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Sparkman v. State
...which to base a verdict of guilty if it is of such a nature that it is entitled to belief and the jury believes it. Varga v. State (1930), 201 Wis. 579, 230 N.W. 629; Millin v. State (1926), 191 Wis. 188, 210 N.W. 411; Murphy v. State (1905), 124 Wis. 635, 102 N.W. 1087; Means v. State (190......
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State v. Yancey
...(1955), 268 Wis. 529, 68 N.W.2d 32 (corroborated); State v. Ketchum (1953), 263 Wis. 82, 56 N.W.2d 531 (corroborated); Varga v. State (1930), 201 Wis. 579, 230 N.W. 629 (not accomplice); Abaly v. State (1916), 163 Wis. 609, 158 N.W. 308 (conviction reversed); Means v. State (1905), 125 Wis.......
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Syvock v. State, S
... ... * Although no writ of error was issued to the order of commitment, the state did not oppose defendant's request to have this order reviewed and in the exercise of our discretionary powers we will consider the issues raised ... 1 Rice v. State (1928), 195 Wis. 181, 217 N.W. 697; Varga v. State (1930), 201 Wis. 579, 230 N.W. 629; State v. Perlin (1955), 268 Wis. 529, 68 N.W.2d 32 ... 2 Grayson v. State (1967), 35 Wis.2d 360, 366, 367, 151 N.W.2d 100, 103 ... 3 O'Boyle v. State (1898), 100 Wis. 296, 300, 75 N.W. 989, 991 ... 4 Quinn v. State (1971), 50 Wis.2d 96, 183 N.W.2d ... ...
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Gregoire v. State
...minority, hold that no corroboration of the testimony of an accomplice is required in sexual crimes of this character. See Varga v. State, 201 Wis. 579, 230 N.W. 629; State v. Panther, 230 Iowa 1115, 300 N.W. 291; Kelly v. People, 192 Ill. 119, 61 N.E. 425. It is not necessary that we pass ......