Long

Defendant was convicted by verdict of a jury of two offenses of statutory rape and one of violation of section 288 of the Penal Code. He appeals from the judgments and from an order denying his motion for new trial. The prosecuting witness was his step-daughter of the age of 13 years. She testified that the first offense of rape charged was committed January 29, 1943, the offense of violation of section 288 shortly thereafter, and the second offense of rape on February 10, 1943, all of them in the home of the parties and in the absence therefrom of her mother. The mother was employed and left the home between 6:30 and 7:00 o’clock in the morning, returning about 4:30 in the afternoon. Defendant went to work about the time his wife returned. The girl left for school early in the morning and returned home about 3:30. No other person lived in the house. The offenses were alleged to have been committed after the child’s return from school and before her mother returned from work.

Defendant presents an analysis of the evidence in the case and an argument for reversal of the judgments and order upon the ground of insufficiency of the evidence. It is essentially an appeal to this court…