State v. Nakashima

Citations

• 62 Wash. 686
• 114 P. 894
• 1911 Wash. LEXIS 767

Syllabus

<p>Marriage — Restrictions—Statutes—Repeal. Rem. & Bal. Code, § 7151, prohibiting marriage between persons nearer of kin than second cousins, was not impliedly repealed by Rem. & Bal. Code, §2455, defining incest, or by Rem. & Bal. Code, §§ 7152, 7153, 7Í64, 7165, relating to and prohibiting marriages in certain other specified cases.</p> <p>Incest — Information—Negativing Defenses — Marriage. Upon a prosecution for incest between first cousins, the fact of a lawful marriage between the parties, if a defense, is to be affirmatively pleaded, and need not be negatived in an information stating every essential element of the crime as defined by Rem. & Bal. Code, § 2455.</p>