Patterson

The defendant was convicted of the crime of incest, and has appealed from the judgment, and an order denying his motion for a new trial.

The information charged that, on the seventh day of March, 1893, at the county of Yolo, in this state, the defendant H. L. Patterson did willfully, unlawfully, and feloniously, “ upon the person of one Annie L. Patterson, the daughter of said H. L. Patterson, commit fornication and have sexual intercourse with, and carnally know, the said Annie L. Patterson.”

The defendant demurred to the information upon the ground that it did not conform to the requirements of sections 950, 951, and 952 of the Penal Code, and that the facts stated did not constitute a public offense. The demurrer was overruled, and thereafter a plea of not guilty was duly entered.

1. The first point made for a reversal is, that the crime of incest is a joint offense, which can be committed only with the concurrent assent of two persons, and of which both persons must be guilty, or neither is; and that the information was insufficient, and should have been set aside, because it “ charges the defendant with an offense not known to the law, in this, that it charges him alone…