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Ratcliff v. State

54 N.E. 814, 23 Ind. App. 64, 1899 Ind. App. LEXIS 11
CourtIndiana Court of Appeals
DecidedOctober 11, 1899
DocketNo. 3,072
StatusPublished

This text of 54 N.E. 814 (Ratcliff v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ratcliff v. State, 54 N.E. 814, 23 Ind. App. 64, 1899 Ind. App. LEXIS 11 (Ind. Ct. App. 1899).

Opinion

Black, J.

On appeal from a justice of the peace, the appellant was convicted upon a charge of assault and battery. In the affidavit upon which the prosecution was based, the offense was alleged as having been committed upon the person of William T. Parker, while the evidence showed his name to be William P.' Parker. The claim advanced by counsel for the appellant that this was a fatal variance cannot be sustained. The contrary view is abundantly established. Foltz v. State, 33 Ind. 215; Choen v. State, 52 Ind. 347, 21 Am. Rep. 179; Gordon v. State, 59 Ind. 75; Miller v. State, 69 Ind. 284; O’Connor v. State, 97 Ind. 104; Mergentheim v. State, 107 Ind. 567; Ross v. State, 116 Ind. 495.

The judgment is affirmed.

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Related

Foltz v. State
33 Ind. 215 (Indiana Supreme Court, 1870)
Choen v. State
52 Ind. 347 (Indiana Supreme Court, 1876)
Gordon v. State
59 Ind. 75 (Indiana Supreme Court, 1877)
Miller v. State
69 Ind. 284 (Indiana Supreme Court, 1879)
O'Connor v. State
97 Ind. 104 (Indiana Supreme Court, 1884)
Mergentheim v. State
8 N.E. 568 (Indiana Supreme Court, 1886)
Ross v. State
19 N.E. 451 (Indiana Supreme Court, 1889)

Cite This Page — Counsel Stack

Bluebook (online)
54 N.E. 814, 23 Ind. App. 64, 1899 Ind. App. LEXIS 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ratcliff-v-state-indctapp-1899.