108 Ala. 1 | Ala. | 1895
Appellant was indicted and convicted of the statutory crime of incest committed by one act of sexual intercourse with his daughter. The evidence tended to show that the daughter did not consent to the act, but that the defendant accomplished his purpose by force or by putting her in fear. Several charges, were requested for the defendant which raise the question whether this offense can be committed unless the parties-mutually consent to the act.' Of this point it is said in 10 Am. & Eng. Ency. of Law: “Upon the question whether a person indicted for incest can be convicted, when the proof shows, facts constituting the crime of rape, the decisions are conflicting. It has been held that the crime can only be incest when the sexual act is committed with mutual consent; but the weight of authority' seems to be to the effect that where incestuous fornication is shown to have been cpmmitted by defendant, in'full knowledge of the relationship between h'ing-
The charge given at the instance of the State to the effect that if the deed was accomplished by the use of force or that the woman allowed the defendant to have intercourse with her through fear, she is not an accomplice of the defendant, and that of consequence her testimony does not as matter of law require corroboration, is a sound exposition o.f the law. — Whart. Cr. Ev. § 440 ; Freeman v. State, 11 Tex. App. 92.
Affirmed.