Le Barron v. State
145 N.W. 2d 79 (Wis. 1966)
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. He grabbed her and demanded her purse. She gave him the purse and started quickly walking away. When he discovered the purse was empty, he went after her, grabbed her, and told her not to scream. He then led her to the end of the bridge; she went willingly, fearing harm. As they approached the coal shack at the end of the bridge, he warned her not to do anything or he’d kill her. At this time, Ms. Randen thought le Barron had a knife. Inside the shack, Le Barron unzipped his pants and started pulling up the victim’s skirt and said “You know what else I want”. She was finally able to get his hand off of her mouth and told him that she was pregnant. Le Barron realized that she was, in fact, pregnant and left her alone. He warned her that if she screamed or called the police, he would kill her. Appeal
Le Barron appealed on the grounds that he desisted from the rape before he had the opportunity to form intent, and that the pregnancy, which caused him to desist was intrinsic and not an “extraneous factor” as is outlined in the statute (He had already formed the intent and would commit the crime except for another person’s intervention or another extraneous factor). Opinion
The court said that it the defendant’s overt acts were sufficient to support the inference that he intended to rape the victim: * He threatened Randen that he would kill her if she refused to cooperate. * He forced her into the shack against her will
* His comment, “You know what else I want”, and unzipping his pants and lifting her skirt The jury had the right to assume he was capable to carry out his threat if the victim resisted. They concluded that the jury could infer beyond a...
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