Opinion

Worthington v. State

  • 78 Ind. Dec. 376
  • 409 N.E.2d 1261
  • 1980 Ind. App. LEXIS 1680
Court
Indiana Court of Appeals
Filed
Sep 25, 1980
Status
Published
Author
Garrard
On the bench
Hoffman, Staton, Garrard
Cited by
12 cases
Authority
More cited than 9.1%

The opinion

GARRARD, Presiding Judge,

concurring in result.

I concur with the majority except for its analysis that IC 35-14-1-4 and IC 35-14-3-1 co-exist and are distinguished by the requirement of wilfulness in the latter.

I would instead find that IC 35-14-1-4 (Acts 1945, Ch. 218, § 4, as amended) is repugnant to IC 35-14-3-1 (Acts 1889, Gh. 201) and as such impliedly repealed the latter as it applies to “any person having the care, custody or control” of a minor.

While such repeals by implication are not favored, they should be found where the later is so repugnant to the earlier as to render them irreconcilable. Lloyd v. State (1979), Ind., 383 N.E.2d 1048 ; Freyermuth v. State ex rel. Burns (1936), 210 Ind. 235 , 2 N.E.2d 399 ; Pennsylvania Co. v. Dunlap (1887), 112 Ind. 93 , 13 N.E. 403 .

As to that part I therefore concur in result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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