People v. 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…