DeBruler v. State

The appellant was convicted in the Marion County Criminal Court, Division 2 of rape of one Terri Lee Scott, a female child of the age of fifteen years.

The first question raised on appeal is the claim that there is a fatal variance between the name of the prosecutrix, as alleged in the indictment, to-wit: “Terri Lee Scott”, and the name shown by her birth certificate, to-wit: “Beverly Rae Hutchison”. The evidence, however, is quite clear on this point. She testified on cross-examination and on re-direct examination, that she went “under the name of Terri Lee Scott”, that she signed her name…