| 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: | |