Wille v. State ex rel. Kessler

CourtUnited States State Supreme Court of Wisconsin
Writing for the CourtVINJE
Citation212 N.W. 260,192 Wis. 224
Decision Date08 February 1927
PartiesWILLE v. STATE EX REL. KESSLER.

192 Wis. 224
212 N.W. 260

WILLE
v.
STATE EX REL. KESSLER.

Supreme Court of Wisconsin.

Feb. 8, 1927.


Error to Civil Court, Milwaukee County; A. J. Hedding, Judge.

Frank Wille was convicted of being the father of an illegitimate child born to Barbara Kessler, and he brings error. Affirmed.--[By Editorial Staff.]

Plaintiff in error, hereinafter called the defendant, was convicted of being the father of an illegitimate child born to Barbara Kessler, an unmarried female 29 years old. To test the validity of his conviction, he sued out a writ of error.

[212 N.W. 260]

Sydney C. Charney, of Milwaukee, for plaintiff in error.

John W. Reynolds, Atty. Gen., and Eugene Wengert, Dist. Atty., and C. Stanley Perry, Asst. Dist. Atty., both of Milwaukee, for defendant in error.


VINJE, C. J.

[1] Error is alleged because the evidence does not sustain the conviction. It appears, without dispute, that the defendant had known Miss Kessler for a period of about seven years and she testified that she had had sexual relations with him during most of that time; that he kept company with her twice a week during that time; that he sometimes stayed over night at her home; and that she had the last sexual intercourse with him on New Year's Day, 1925; that she told him she was in the family way; and that he took her to a doctor. She also testified that she had never had sexual intercourse with any other man. The child was full term and was born alive October 4, 1925. The defendant admitted keeping company with Miss Kessler; that he took her to a doctor, but denied that he had any sexual intercourse with her on New Year's Day or Eve. He declined to testify whether he had ever had sexual intercourse with her on the ground that a truthful answer would tend to incriminate him. He admitted he had kissed her. This is the substance of the testimony. It presented a jury issue, and the verdict cannot be set aside on the ground of lack of evidence to convict. The jury evidently believed Miss Kessler, and we see no reason why they should not do so.

[2] Error is assigned on this instruction:

“In a bastardy case the defendant is presumed to be innocent until the contrary is proved. If you have a reasonable doubt of the guilt of the defendant, it will be your duty to render a verdict of not guilty, but if you believe the testimony of the complainant and her statement that she did not have intercourse with any other men at or about the time of her conception, and that it is proved beyond a...

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10 practice notes
  • State ex rel. Schlehlein v. Duris, No. 204
    • United States
    • United States State Supreme Court of Wisconsin
    • February 29, 1972
    ...is sufficient to support a verdict that the defendant 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 be......
  • State ex rel. Stollberg v. Crittenden
    • United States
    • United States State Supreme Court of Wisconsin
    • January 4, 1966
    ...is sufficient to support a verdict that the defendant 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 reasona......
  • Nelson v. State
    • United States
    • United States State Supreme Court of Wisconsin
    • December 6, 1932
    ...196 N. W. 825;Riley v. State, 187 Wis. 156, 203 N. W. 767, 768;Cobb v. State, 191 Wis. 652, 211 N. W. 785;Wille v. State ex rel. Kessler, 192 Wis. 224, 212 N. W. 260. While this court has uniformly held such an instruction to be erroneous it has not always considered such instruction prejud......
  • State ex rel. Sarnowski v. Fox
    • United States
    • United States State Supreme Court of Wisconsin
    • February 5, 1963
    ...sufficient to support a verdict that the defendant 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......
  • Request a trial to view additional results
10 cases
  • State ex rel. Schlehlein v. Duris, No. 204
    • United States
    • United States State Supreme Court of Wisconsin
    • February 29, 1972
    ...is sufficient to support a verdict that the defendant 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 be......
  • State ex rel. Stollberg v. Crittenden
    • United States
    • United States State Supreme Court of Wisconsin
    • January 4, 1966
    ...is sufficient to support a verdict that the defendant 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 reasona......
  • Nelson v. State
    • United States
    • United States State Supreme Court of Wisconsin
    • December 6, 1932
    ...196 N. W. 825;Riley v. State, 187 Wis. 156, 203 N. W. 767, 768;Cobb v. State, 191 Wis. 652, 211 N. W. 785;Wille v. State ex rel. Kessler, 192 Wis. 224, 212 N. W. 260. While this court has uniformly held such an instruction to be erroneous it has not always considered such instruction prejud......
  • State ex rel. Sarnowski v. Fox
    • United States
    • United States State Supreme Court of Wisconsin
    • February 5, 1963
    ...sufficient to support a verdict that the defendant 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......
  • Request a trial to view additional results

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