Brown

A jury found defendant guilty of incest (Pen. Code, § 285) and lie has appealed from the judgment.

The People’s evidence consists solely of the testimony of the victim, defendant’s 17-year-old daughter Buthie, and of defendant’s wife, who is Buthie’s stepmother. The defense consists only of the testimony of defendant.

Buthie’s testimony includes the following: On Sunday night, September 5, 1965, she was at home with defendant and her two stepsisters, aged eight and five. Defendant’s wife was in a hospital with her child born September 4, 1965. About midnight or 1 a.m. defendant asked, ! ‘ 1 Are you going to give me some tonight?’ ” Buthie replied that she couldn’t “because the doctor had told me that I couldn’t have any more sexual relations because I had a, a Tubbal [sic] disease, something like that.” Defendant pulled her into the bedroom and started taking off her clothes. Then her 15-year-old cousin Ivory came to the door of the house. Defendant went to the door and, after Ivory left, defendant returned to the bedroom. He undressed himself and started to undress Buthie. She started to cry. The 8-year-old stepsister entered the room, but defendant hit her with a broom handle…