ARTERBURN, J.
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
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