Legal Opinion

McFarland v. State

Indiana Supreme Court

Decided April 6, 1900No. 19,238PublishedCited by 4 opinions

From the Hamilton Circuit Court.

1Opinion of the CourtBaker, J.

Appellant was convicted of rape. The affidavit and information name Laura Yan Buskirk as .the *443alleged 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.

2Cases cited4 opinions

  1. Black v. StateIndiana Supreme Court · 1877
  2. McLaughlin v. StateIndiana Supreme Court · 1876
  3. Mitchell v. StateIndiana Supreme Court · 1878
  4. McLaughlin v. StateIndiana Supreme Court · 1875

3Cited by4 opinions

  1. Adetokunbo v. StateIndiana Court of Appeals · 2015
  2. Jacobs v. StateSupreme Court of Florida · 1903
  3. Padgett v. StateIndiana Supreme Court · 1906
  4. Adegoke Adetokunbo aka Robert Adesanoye, and Grace Itaniyi v. State of IndianaIndiana Court of Appeals · 2015