# Hardin v. State

> Indiana Supreme Court · December 30, 1976 · 265 Ind. 635

URL: https://www.frixlaw.com/law-library/cases/9529209

## Case

- **Full name:** Fred Hardin and Carl Taylor v. State of Indiana
- **Court:** Indiana Supreme Court
- **Decided:** December 30, 1976
- **Citations:** 265 Ind. 635; 358 N.E.2d 134; 1976 Ind. LEXIS 435
- **Precedential status:** Published
- **Opinion:** Concurrence by Prentice
- **Judges:** Hunter, Debruler, Prentice
- **Cited by:** 46 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9529209

## Opinion text

Statement Concurring in Result
Prentice, J.
I concur in the result reached by the majority, because the record reflects that the police did, in fact, *642 have probable cause to set the trap in which the defendants were caught. I do not agree at this time, however, that the requirement of probable cause should be eliminated; and I especially believe that it is unwise to overrule established case law by reaching out for issues not required to be decided in the case at hand. Such unnecessary activism, in my opinion, is subject to criticism as an intrusion upon the legislative prerogative and as destabilizing to our case law.
Note. — Reported at 358 N.E.2d 134 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9529209. Public record. Not legal advice.