State v. Akers

STORCKMAN, Presiding Judge.

The defendant was convicted of incest and his punishment assessed at imprisonment in the penitentiary for a term of five years. He appealed but filed no brief. The state has fully briefed the case.

The information charges that on March 24, 1958, the defendant had sexual intercourse with his daughter. The motion for new trial charges, among other things, that the court erred in refusing to direct a verdict of not guilty and we shall first review the evidence.

The defendant, thirty-six years of age, was married and had three children, two boys, 12 and 8 years of age,…