People v. Baker

On October 26, 1966, after a trial without a jury, defendant was convicted of violating Penal Code section 285, incest. The court dismissed a second count charging a violation of Penal Code section 261, subdivision 3, forcible rape.

It was stipulated that the prosecutrix, defendant’s niece, is *46related to him only by the half blood; that is, her mother is defendant’s half sister.

Defendant’s principal contention is that Penal Code section 285’s prohibition against fornication by an uncle and his niece does not apply where they are related by the half blood.

Section 285, enacted in 1872 and…