People v. York

Defendant-appellant, Elmer York, Sr., was convicted after a jury trial in Lawrence County of two counts of aggravated incest and was sentenced to serve two consecutive 5- to 15-year terms. On appeal, 10 issues are raised which will be discussed separately below.

Defendant first contends that the aggravated incest statute (Ill. Rev. Stat. 1973, ch. 38, par. 11—10) denies him and others similarly situated the equal protection of the laws guaranteed by the United States and Illinois Constitutions. (U.S. Const., amend 14; Ill. Const. (1970), art. I, §§ 2, 18.) First, defendant claims he is denied…