Flournoy v. State

HARWOOD, Judge.

The indictment against this appellant was in two counts, the first charging incest, and the second rape. His jury trial resulted in a verdict of guilty under the first count, that is, guilty of the offense of incest.

Appellant filed a demurrer to the indictment on the grounds that; there was a misjoinder of two offenses in the same indictment. The demurrer was overruled.

The appellant argues that a misjoinder results from the facts that the penalties provided respectively for rape and incest are not the same; that the rules for the admission of evidence are not the same, in that…