Incest is the carnal copulation of a man and woman related to each other in any of the degrees within which marriage is prohibited by law.48 The carnal copulation may be either by marriage,49 or without marriage.50

48 2 McClain Cr. Law, Sec. 1120.

49 State vs. Brown, 47 Ohio St., 108; State vs. Slaughter, 70

Mo., 484; People vs. Patterson, 102 Cal., 242; Simon vs. State, 31 Tex. Cr., 201.

50 State vs. Herges, 55 Minn., 464;

Hintz vs. State, 58 Wis., 497;

Ter. vs. Corbett, 3 Mont., 55;

State vs. Brown, 47 Ohio St., 108.