DeBRULER v. STATE

No. 30,734.

247 Ind. 1 (1965)

210 N.E.2d 666

DeBRULER v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed October 15, 1965.


Attorney(s) appearing for the Case

William C. Erbecker, of Indianapolis, for appellant.

John J. Dillon, Attorney General, and David S. Wedding, Deputy Attorney General, for appellee.


ARTERBURN, J.

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...

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