Supreme Court of Wisconsin
149 N.W.2d 557 (Wis. 1967)
Whitty (defendant) was charged with molesting a young girl. The prosecution alleged that he lured the victim down an alley and into a basement by telling her that he needed help finding a rabbit. On cross-examination of Whitty, the prosecution alleged that Whitty had lured another girl in the same alley using the same fake rabbit story the night before. Whitty denied that he was in the alley the night before. To rebut this testimony, the prosecution called the little girl from the previous night to testify that Whitty was in fact in the alley and had lured her using a rabbit story. The trial court allowed this testimony and instructed the jury that the testimony was not to be relied upon as evidence of Whitty’s guilt, but rather only for the purpose of identification, since he had denied being in the alley the night before. Whitty was convicted and he appealed on the grounds that the testimony of the girl from the previous night should not have been admitted.
Rule of Law
Holding and Reasoning (Hallows, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 200,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.