State v. Harrell

1979

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.

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.

Dicta: