# Flinn v. State

> Indiana Supreme Court · November 27, 1990 · 563 N.E.2d 536

URL: https://www.frixlaw.com/law-library/cases/9729559

## Case

- **Full name:** Bernard P. FLINN, Appellant, v. STATE of Indiana, Appellee
- **Court:** Indiana Supreme Court
- **Decided:** November 27, 1990
- **Citations:** 563 N.E.2d 536; 1990 Ind. LEXIS 240; 1990 WL 192079
- **Precedential status:** Published
- **Opinion:** Concurring in part by DeBRULER
- **Judges:** Givan, Shepard, Pivarnik, Debruler, Dickson
- **Cited by:** 14 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/9729559

## Opinion text

DeBRULER, Justice,
concurring and dissenting.
I would reverse appellant’s three convictions under Counts IX, X, and XI for the offense of failing to apply for registration, but affirm the rest. I.C. 23-2-5-4 provides:
Any person desiring to engage or continue in the business of loan brokering shall apply to the commissioner for registration ...
I.C. 23-2-5-16 provides:
A person who knowingly violates this chapter commits a Class D felony.
I read these sections of the statute as making knowledge of the duty to apply an element of any offense based upon them. That knowledge must be proved to exist at the time of the conduct alleged in the charge. Counts IX, X, and XI, based upon these two sections, relieved the State of the obligation to prove this required element, and it was error to refuse to dismiss the counts on motion of the defense.
DICKSON, J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9729559. Public record. Not legal advice.