McFarland v. State
154 Ind. 442
Ind.
1900
Check Treatment
Baker, 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.