McFarland v. State

56 N.E. 910, 154 Ind. 442, 1900 Ind. LEXIS 63
Indiana Supreme Court·Decided April 6, 1900·No. No. 19,238·Published·Cited by 4 cases

Opinion

Baker, J.

Appellant was convicted of rape. The affidavit and information name Laura Yan Buskirk as .the [443]*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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McFarland v. State, 56 N.E. 910, 154 Ind. 442, 1900 Ind. LEXIS 63 (Ind. 1900).

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