People v. Cease

• Decision Date: 09 May 1890
• Citation: People v. Cease, 80 Mich. 576, 45 N.W. 585 (Mich. 1890)
• Court: Michigan Supreme Court
• Parties: PEOPLE v. CEASE.

45 N.W. 585

80 Mich. 576

PEOPLE v. CEASE.

Supreme Court of Michigan

May 9, 1890

Error to circuit court, Alpena county; ROBERT J. KELLEY, Judge.

Jas. McNamara, for the People. Sleator &amp Greening, for defendant.

GRANT J.

The respondent was convicted of incest, and sentenced to the state-prison for 15 years. The information charged him with having committed the crime of fornication with one Elizabeth Ann Cease, she, the said Elizabeth Ann Cease being then and there the daughter of the said Sylvester Cease. It appeared upon the trial that the respondent was a married man at the time of the commission of the offense. The statute reads as follows: "All persons being within the degree of consanguinity within which marriages are prohibited, or declared by law to be incestuous and void, who shall intermarry with each other, or who shall commit adultery or fornication with each other, shall be punished by imprisonment in the state-prison not more than fifteen years or in the county jail not more than one year." How. St. � 9291.

It is now contended in his behalf that the information is fatally defective because it did not allege that he committed adultery, instead of fornication. The gist of the offense was the act of sexual intercourse with his own daughter. He could not have been prejudiced by the averment that the act which constituted the crime was fornication instead of adultery. We are not inclined to set aside convictions on such a naked technicality. The case to which we are cited by respondent's counsel, Territory v. Whitcomb, 2 Amer Crim. R. 159, has no application...