Whitty v. State

1967

Court: WI Supreme Court

Facts: Whitty is convicted of something, but it's not clear what. He claims testimony about his little black-and-white rabbit ruse (used to lure a girl to a basement for molestation) was prejudicial.

Posture: Convicted, then appealed... not totally clear what the deal is here.

Issue: Was the testimony prejudicial?

Holding: No.

Rule: A trial court has to consider carefully whether evidence of prior crimes will be prejudicial, but it's not necessarily inadmissible.

Reasoning: Evidence that's inadmissible for one purpose might be OK for another. Also, the evidence doesn't have to be in the form of conviction; just evidence that an incident occurred might tend to substantiate other evidence. As was the case here.

Dicta: Evidence of prior crimes should be used sparingly.