In a post here, I listed my top five indictment errors. The number one error was misstating the victim’s name in an indictment charging larceny or a related crime interfering with the right of possession. In that context the problem typically involves failing to allege the victim as a natural person or an entity capable of owning property. Problems regarding allegations as to the victim’s name, however, come up in other contexts as well. With respect alleging the victim’s name, several general rules apply: (1) a charging document must name the victim; (2) a fatal variance results when an indictment incorrectly states the victim’s name; and (3) it is error to allow the State to amend an indictment to change the victim’s name. With respect to rule (1)—naming the victim—in certain circumstances, initials may be used. For example, in State v. McKoy, 196 N.C. App. 650 (2009), the court held that rape and sexual offense indictments were not fatally defective when they identified the victim by her initials, “RTB.” The court concluded that the defendant was not confused regarding the victim’s identity and because the victim testified at trial and identified herself in open court, the defendant was protected from double jeopardy. But see In re M.S., 199 N.C. App. 260 (2009) (distinguishing McKoy and holding that juvenile petitions alleging first-degree sexual offense against “a child” were defective). Notwithstanding rules (2) and (3) above, the appellate courts find no fatal defect or variance or bar to amendment when a name error [...]
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