McFarland v. State
Headnotes
Summary
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Opinion of the Court
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Baker, J.
Appellant was convicted of rape. The affidavit and information name Laura Yan Buskirk as .the *443 alleged 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.
How later courts describe this case
Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.
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(holding defendant’s rape conviction must be reversed for failure of proof where the charging information named “Laura Van Buskirk as the alleged victim” but the State offered proof of a rape victim named “Lillie”)
Cited by 4 cases
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