(DOWNLOAD) "Debruler v. State Indiana" by Supreme Court Of Indiana # eBook PDF Kindle ePub Free
eBook details
- Title: Debruler v. State Indiana
- Author : Supreme Court Of Indiana
- Release Date : January 15, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
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 that way, that people called her Terri Lee Scott, that the defendant knew her by that name and that she was commonly known by the name of Terri Lee Scott. We do not find any variance in the affidavit and in the testimony. It is only when there is a variance which has misled the defendant that it becomes material.