People v. Womack

The sole question posed by this appeal is whether an admitted act of sexual intercourse between defendant and the 14-year-old daughter of his half-sister was incestuous under section 285 of the Penal Code: “Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who commit fornication or adultery with each other, are punishable by imprisonment in the state prison not less than one year nor more than fifty years.”

Section 59 of the Civil Code provides: “Marriages between parents and children,…