Markiton v. State

This is an appeal in a criminal action in which the defendant-appellant was charged by affidavit in two Counts: Count 1, incest involving a daughter, Glenda Markiton; Count 2, assault and battery— sex, involving a daughter, Barbara Markiton. Upon a trial before the court, the appellant was found not guilty of Count 1 (incest involving Glenda Markiton) and guilty as to Count 2 (assault and battery — sex, involving Barbara Markiton).

Attention is called to the fact that Counts 1 and 2 deal with separate offenses against separate daughters. No objection appears to have been made to the joinder of…