State v. Bielman

Citations

• 86 Wash. 460
• 150 P. 1194
• 1915 Wash. LEXIS 1037

Syllabus

<p>Incest — “Kin” — Statutes — Construction. Bern. & Bal. Code, § 2455, defining incest as sexual intercourse between persons nearer of kin to each other than second cousins, whether of the half or whole blood, refers only to blood relations and not kindred by affinity; hence a man cannot be guilty of committing the offense with his stepdaughter.</p> <p>Incest — Statutes—Repeal — Construction. Rem. & Bal. Code, § 7151, prohibiting marriage in specified cases of kinship by affinity as well as by consanguinity, and defining incest as carnal knowledge between such persons, is repealed, so far as the subject of incest is concerned, by the penal code of 1909, which, by Id., § 2304, expressly repealed an earlier law (Id., §§ 2891, 2892) defining incest as sexual commerce between persons related within the degrees wherein marriage is prohibited; in view of Id., §2455, of the penal code defining incest as being when the parties are nearer of kin than second cousins, thereby eliminating relationship by affinity, and § 2301 of the penal code declaring that no law is continued in force because it is consistent with this act on the same subject, but that, in all cases provided for by this act, all former statutes, whether consistent or not, are repealed unless expressly continued in force.</p> <p>Incest — Definition—Statutes—Common Law. Rem. & Bal. Code, § 2455, defining incest as being when the parties were nearer of kin to each other than second cousins, excludes prosecutions under the common law.</p>