McFarland v. State

• Decision Date: 06 April 1900
• Docket Number: 19,238
• Citation: 56 N.E. 910,154 Ind. 442
• Parties: McFarland v. The State
• Court: Indiana Supreme Court

56 N.E. 910

154 Ind. 442

McFarland v. The State

No. 19,238

Supreme Court of Indiana

April 6, 1900

From the Hamilton Circuit Court.

Reversed.

S. D. Stuart and C. G. Reagan, for appellant.

W. L. Taylor, Attorney-General, Merrill Moores, C. C. Hadley and J. E. Garver, for State.

OPINION

Baker, J.

Appellant was convicted of rape. The affidavit and information name Laura Van Buskirk as the 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.