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MARKITON v. STATE

No. 29,386.

236 Ind. 232 (1957)

139 N.E.2d 440

MARKITON v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed January 23, 1957.

Attorney(s) appearing for the Case

Rothberg, Gallmeyer, Doermer & Strutz and Thomas A. Gallmeyer, all of Fort Wayne, for appellant.

Edwin K. Steers, Attorney General, and Owen S. Boling, Deputy Attorney General, for appellee.

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 guilty as to Count 2 (assault and battery —...

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