State v. Carnagy
Supreme Court of Iowa
Appeal from Lirm District Gourt. — Hon. William G. Thompson, Judge. The defendant, having been accused of the. crime of rape, and convicted of an assault with intent to commit rape, appeals.
1Opinion of the CourtLadd, J.
*4851 *484The name of the child of eleven years upon whom the assault is claimed to have been made was, in fact, *485“Anna Grubb/’ though alleged in the indictment as “Anna Brown.” She has always been known by the latter name, taking it from her stepfather. When these facts appeared in evidence, the defendant asked that, because of the variance between the names alleged and proven, her testimony be stricken from the record. This motion was properly overruled, as the defendant was in no way prejudiced by the defect in naming the person injured. Code, section 5286; State v. Carr, 43 Iowa, 418; State v.…
2Cases cited64 opinions
- State v. SmithSupreme Court of Connecticut · 1881
- Ruloff v. . the PeopleNew York Court of Appeals · 1871
- Linbeck v. StateWashington Supreme Court · 1890
- People v. McDonaldMichigan Supreme Court · 1861
- State v. RobinsonSupreme Court of Missouri · 1893
59 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Nickels v. StateSupreme Court of Florida · 1925
- State v. RobySupreme Court of Iowa · 1922
- State v. HartungSupreme Court of Iowa · 1948
- Durden v. PeopleIllinois Supreme Court · 1901
- Peri v. StateDistrict Court of Appeal of Florida · 1983
45 more not listed; retrieve them via the Exa API.