William Earnest Barron appeals his conviction and sentence for felony murder while in the commission of aggravated assault in connection with the fatal stabbing of fellow inmate Roderick Rumph. His sole challenge is that the trial court erred in refusing to charge the jury on voluntary manslaughter. Finding the challenge to be without merit, we affirm.
Supreme Court of Wisconsin. Garvey of Eau Claire.
For the defendant in error the cause was argued by Betty R. Brown, assistant attorney general, with whom on the brief were Bronson C.
La Follette, attorney general, William A. The appeal raises these two issues: On March 3,at 6: She is a slight woman whose normal weight is 95 to pounds. As she approached the opposite side of the bridge she passed a man who was walking in the opposite direction.
The man turned and followed her, grabbed her arm and demanded her purse. She surrendered her purse and at the command of the man began walking away as fast as she could. Upon discovering that the purse was empty, he caught up with her again, grabbed her arm and told her that if she did not scream he would not hurt her.
He then led herwillingly, she testified, so as to avoid being hurt by himto the end of the bridge. On the other side of the bridge along the railroad tracks there is a coal shack.
As they approached the coal shack he grabbed her, put one hand over her mouth, and an arm around her shoulder and told her not to scream or he would kill her. At this time Mrs. Randen thought he had a knife in his hand. He then forced her into the shack and up against the wall.
As she struggled for her breath he said, "You know what else I want," unzipped his pants and started pulling up her skirt. She finally succeeded in removing his hand from her mouth, and after reassuring him that she would not scream, told him she was pregnant and pleaded with him to desist or he would hurt her baby.
He then felt of her stomach and took her over to the door of the shack, where in the better light he was able to ascertain that, under her coat, she was wearing maternity clothes. He thereafter let her alone and left after warning her not to scream or call the police, or he would kill her.
After he had left, she proceeded to a nearby restaurant, had a cup of coffee, and kept calling home by phone until she reached her husband.
He came to the restaurant for her and upon reaching home he called the police to report the incident. Based on a description given by Mrs.
Randen to city police, defendant was determined to be a suspect. At the police station Mrs. Randen identified the defendant as the man who accosted her. Defendant, who was twenty-six years of age, denied being in the vicinity of the scene of the alleged attempted rape on the evening of March 3, He claimed that he was at the Wingad farm home between 6: However, neither Janet nor her mother were able to verify this alibi.
The material portions of the controlling statutes provide: State this court analyzed the two statutory requirements of intent and overt acts which must concur in order to have attempt to rape as follows: First, defendant desisted from his endeavor to have sexual intercourse with complainant before he had an opportunity to form an intent to accomplish such intercourse by force and against her will; and, second, the factor which caused him to desist, viz.
In fact, the express wording of sec. The jury had the right to assume that defendant had the requisite physical strength and weapon the supposed knife to carry out the threat over any resistance of complainant.
We conclude that a jury could infer beyond a reasonable doubt from these overt acts of defendant that he intended to have sexual intercourse with defendant by force and against her will.
The fact, that he desisted from his attempt to have sexual intercourse as a result of the plea of complainant that she was pregnant, would permit of the opposite inference. Defendant relies strongly on Oakley v. The evidence in the case disclosed neither physical violence nor threat of physical violence up to the time Oakley desisted from his attempt to have sexual intercourse with the complainant.
To argue that the two cases are analogous because, in the one instance the accused desisted because the complainant was menstruating and in the other because of pregnancy, is an oversimplification.Le Barron v. State N.W. 2d 79 (Wis. ) History David Le Barron was sentenced to 15 years in prison for attempted rape.
He appealed and the Wisconsin Supreme Court affirmed the conviction. Le Barron v. State N.W. 2d 79 (Wis. ) History David Le Barron was sentenced to 15 years in prison for attempted rape.
He appealed and the Wisconsin Supreme Court affirmed the conviction. Facts Jodean Randen, a housewife, wass walking home when she crossed paths with the Le Barron.
|Searching over 5,500,000 cases.||Facts Jodean Randen, a housewife, wass walking home when she crossed paths with the Le Barron. He grabbed her and demanded her purse.|
|Popular Topics||Justice Hallows joins in this Concurring opinion.|
He grabbed her and demanded her purse. Case opinion for GA Supreme Court BARRON v. STATE. Read the Court's full decision on FindLaw.
When extrinsic evidence is offered to prove intent, the relevancy of such evidence is ascertained by comparing the state of mind in perpetrating the different offenses. See United States v. Gordon, F.2d , (5th Cir) (describing relevancy inquiry for issue of intent).
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