Indiana Code 35-34-1-15. Incorrect name of defendant immaterial
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Sec. 15. (a) If the stated name of the defendant in the indictment or information is incorrect:
(2) any variance between the allegations and the proof of the defendant’s name shall not be considered material.
(1) this defect shall not be a ground for dismissal of the indictment or information; and
Terms Used In Indiana Code 35-34-1-15
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
(b) If at any time during the proceedings the true name of the defendant becomes known, the court shall order the indictment or information amended to show both the name by which the defendant was first charged and the name later alleged to be true.
As added by Acts 1981, P.L.298, SEC.3.