If the victim of a homicide, rape or other crime is not identified to the grand jury, is the victim's name not included in the indictment?

placed on trial for an offense for which he had not been indicted. Though the indictment was required to set forth the facts so far as known to the grand jury, if the name of the victim of homicide, rape or other crime was in fact unknown to the grand jury, the indictment might charge the accused with a crime committed upon a person or persons to the grand jury unknown. Then the indictment might not conclusively show that the crime for which the accused was placed on trial was the same crime described in the indictment. It did not exclude entirely the possibility that the state might bring the accused to trial for a crime committed upon a person or persons other than the person or persons [254 N.Y. 27]intended by the grand jury to be described in the indictment. That circumstance would not render the indictment itself invalid. 1 Chitty Criminal Law, pp. 212, 213. But if it should appear that the name was or might have been known to the grand jury, then the issue could be litigated as to whether the jury did know the name. Commonwealth v. Glover, 111 Mass. 395. If it did know the name, then of course the crime described in the indictment would not be the crime for which the accused was tried. Bishop on Criminal Procedure (2d Ed.) vol. 2, 552.