People v. Burwell

The respondent was convicted of the crime-of rape upon his own daughter. The complaint and warrant charged both rape and incest. The evidence upon the examination was sufficient to justify the magistrate in binding him over to the circuit court for trial upon the charge of rape. It would not sustain the crime of incest upon the ground of the mutual consent of both the parties; The respondent introduced no evidence upon the examination. The testimony of the complaining witness, -was the sole evidence upon which the magistrate was justified in holding him to the circuit court for trial. This…