Indiana § 35-34-1-15 Incorrect name of defendant immaterial

Indiana Statutes

§ 35-34-1-15 — Incorrect name of defendant immaterial

Indiana·Art. 34 BRINGING CRIMINAL CHARGES·Ch. 1 Indictment and Information

(a)If the stated name of the defendant in the indictment or information is incorrect:

(1)this defect shall not be a ground for dismissal of the indictment or information; and

(2)any variance between the allegations and the proof of the defendant's name shall not be considered material.

(b)If at any time during the proceedings the true name of the defendant becomes known, the court shall order the indictment or information amended to show both the name by which the defendant was first charged and the name later alleged to be true. As added by Acts 1981, P.L.298, SEC.3.

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(a) If the stated name of the defendant in the
indictment or information is incorrect:
(1) this defect shall not be a ground for dismissal of the
indictment or information; and
(2) any variance between the allegations and the proof of the
defendant's name shall not be considered material.
(b) If at any time during the proceedings the true name of the
defendant becomes known, the court shall order the indictment or
information amended to show both the name by which the defendant
was first charged and the name later alleged to be true.
As added by Acts 1981, P.L.298, SEC.3.

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