People v. Wells

DORAN, J. Defendant was accused by information of the crime of incest in three counts. A jury was duly waived. This is an appeal from the judgment of guilty on all counts.

It is contended on appeal that the evidence is insufficient to support the judgment.

The principal witness for the prosecution was defendant’s daughter, who was the alleged victim of the offense. Juanita Wells, the daughter, was 21 years of age. It was established by the testimony of the daughter that the intimate relation between them had gone on for years; that they had always occupied the same bed.

Appellant’s contention that the evidence is insufficient to support the judgment is based on the proposition that the daughter is an accomplice. There is testimony that the alleged acts were consented to, but, as the result of fear produced by threats. Assuming that the daughter was in fact and in law an accomplice, nevertheless, there was sufficient corroboration. It was established that after the arrest, defendant was confronted by the daughter and accused of the acts constituting the alleged offense. A shorthand reporter recorded the interview which was conducted in part by Officer Kellogg, a portion of which is as follows:

“ ‘Kellogg: Within the past two months he has had relations, sexual relations, with you two or three times a week?

“ ‘Juanita Wells: Yes.

“ ‘Kellogg: He is your true father, not your stepfather?

“ ‘Juanita Wells: Yes, my true father.

“ ‘Kellogg: He has kept you under very close supervision during working hours at the home? Does not let you go out with your mother, sisters or your mother ?

“ ‘Juanita: No.

“ ‘Miss-that is myself. During the time of the com-

mission of all these acts you have objected?

“ ‘Juanita: I was doing it in fear.

“ ‘Kellogg: He threatened you if you ceased these acts, to cause you pain?

“ ‘Juanita: Yes.

“ ‘Kellogg: Has he hit you before?

“ ‘Juanita: Yes, because I wouldn’t agree he would twist my arm.

“ ‘Kellogg: Well, have you any answer to any of that?’ ”