Indiana Supreme Court, 1900

McFarland v. State

McFarland v. State
Indiana Supreme Court · Decided April 6, 1900 · Baker
154 Ind. 442; 56 N.E. 910; 1900 Ind. LEXIS 63

McFarland v. State

Opinion of the Court

Baker, J.

Appellant was convicted of rape. The affidavit and information name Laura Yan Buskirk as .the *443alleged victim. In the evidence, the only name proved was Lillie, — nothing more. The name was an essential element in the legal description of the offense. McLaughlin v. State, 52 Ind. 279; McLaughlin v. State, 52 Ind. 476; Black v. State, 57 Ind. 109; Mitchell v. State, 63 Ind. 276. for failure of proof, the judgment is reversed, with directions to sustain the motion for a new trial.

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