State v. Ellison

STILWELL, J.:

In this opinion we must decide whether the circuit court had subject matter jurisdiction to convict Jimmy Lee Ellison of second-degree criminal sexual conduct (CSC) with a minor. We hold the indictment as originally drafted and as amended failed to confer such jurisdiction and vacate Ellison’s conviction.

BACKGROUND

Ellison was indicted following an allegation that he raped a 13 year old girl. Both the caption of the indictment and the title preceding the text in the body of the indictment stated that the offense was “Criminal sexual conduct with a minor (first degree).” The…