People v. Hubbard

The defendant was charged with statutory rape1 of his daughter who was 14 years of age at the time of the alleged offense. The trial judge, sitting without a jury, acquitted the defendant of statutory rape and found him guilty of the lesser included offense2 of assault with intent to commit rape.3 Defendant appeals, claiming the following:

1. The people failed to satisfy their burden of proof because his daughter’s testimony was uncorroborated.4

2. Since the judge found that the defendant did not have sexual intercourse with his daughter and there was no claim that the defendant had otherwise *410to…