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Brown v. State

Supreme Court of Wisconsin
106 N.W. 536 (Wis. 1906)

Facts

Edna Nethery and Grant Brown (defendant) grew up together and were friends. One day, Brown grabbed her in the field between their homes and they had sex. Nethery alleged that Brown raped her. Nethery repeatedly testified at trial that she “tried as hard as [she] could to get away.” She also testified that she only once requested that Brown let her go. However, she did not testify about use of her hands or legs to try and physically push or kick Brown away. The trial court found Brown guilty of rape. Brown appealed.

Rule of Law

Issue

Holding and Reasoning

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