Court: |
Wisconsin Supreme Court |
|
Facts: |
Harrell abducted a woman at gun point, robbed her, raped her, spent a little time
trying to chat and rob her some more, raped her again, and left. He now asserts
that the two rapes were really a single offense |
|
Posture: |
Pled no contest, appealed. |
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Issue: |
Was there really a second offense of rape? |
|
Holding: |
Yes: the evidence is different. |
|
Rule: |
To be the same, the two offenses must be the same both in law and in fact. These
were in law, but not in fact. |
|
Reasoning: |
State v Anderson: did an additional fact have to be proved? Yes, the
second instance of intercourse. |
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Dicta: |
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