People v. Adinolfi

THOMPSON (R. L.), J.

The defendant was convicted of the crime of incest accomplished with his adult sister, by whom four children were born as a result of their illicit relationship.

It is contended that because there is an absence of evidence of nonconsent to the sexual intercourse on the part of the sister, she must be deemed to have been an accomplice in the commission of the crime and that the defendant could therefore not be legally convicted except upon corroboration of her evidence of both their relationship as brother and sister and their illicit sexual intercourse.

The illicit sexual intercourse of a brother with his adult competent sister, accomplished with her consent, constitutes her an accomplice of the crime of incest.

(People

v.

Le Toile,

31 Cal. App. 166 [159 Pac. 1057].) Her testimony as to the material elements of the crime must therefore be corroborated. (Sec. 1111, Pen. Code.)

Incest is defined by the provisions of section 285 of the Penal Code as accomplished when “Persons being within the degrees of consanguinity within which marriages are declared to be incestuous and void (sec. 59, Civ. Code) . . . commit fornication or adultery with each other.” Fornication is an illicit sexual intercourse between unmarried-persons.

The information charged the defendant with the commission of acts of sexual intercourse with his sister Josie

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Adinolfi. She testified that the defendant was her brother; that she was twenty-seven years of age and that he was the father of her four children born as the result of his illicit sexual intercourse with her. This evidence was sufficiently corroborated with respect to every material element of the crime of incest. Three physicians testified to rendering professional services for Josie Adinolfi at the request of the defendant on the occasion of the birth of these children. The mother of these children was sufficiently identified as the sister of the defendant, who testified at the trial. Upon summoning the physicians for service during childbirth, the defendant referred to his sister as “my wife.” Doctor Blinn testified: “Q. He engaged you to take care of a