Home/Indiana Court of Appeals/Hutcherson v. State

Hutcherson v. State

382 N.E.2d 983, 178 Ind. App. 8
Indiana Court of Appeals·Decided November 22, 1978·No. 2-1076A384·Published·Cited by 12 cases

Opinion

382 N.E.2d 983 (1978)

Marvin HUTCHERSON, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below).

No. 2-1076A384.

Court of Appeals of Indiana, Fourth District.

November 22, 1978.

Lawrence O. Sells, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Terry G. Duga, Deputy Atty. Gen., Indianapolis, for appellee.

YOUNG, Judge.

ON PETITION FOR REHEARING

The State petitions for rehearing on the ground that a new question of law was erroneously decided, namely in construing I.C. 1971, 35-24.1-4.1-6(b) (Burns Code Ed.) as referring to heroin, and not a substance containing heroin. It is our duty to construe criminal statutes strictly against the State and in favor of the accused. Utley v. State, (1972) 258 Ind. 443, 281 N.E.2d 888; Coleman v. State, (1970) 253 Ind. 627, 256 N.E.2d 389. This rule of strict construction means that criminal statutes "will not be enlarged by implication or intendment beyond the fair meaning of the language used, and will not be held to include offenses and persons other than those which are clearly described and provided for... ." Kelley v. State, (1954) 233 Ind. 294, 298, 119 N.E.2d 322, 324.

Petition for Rehearing denied.

LYBROOK, P.J. (sitting by designation), and ROBERTSON, J. (sitting by designation), concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Hutcherson v. State, 382 N.E.2d 983, 178 Ind. App. 8 (Ind. Ct. App. 1978).

382 N.E.2d 983 (Hutcherson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Jackson v. State
570 N.E.2d 1344 (Indiana Court of Appeals, 1991)
Cook v. State
547 N.E.2d 1118 (Indiana Court of Appeals, 1989)
State v. Turner
546 N.E.2d 1234 (Indiana Court of Appeals, 1989)
Snyder v. State
460 N.E.2d 522 (Indiana Court of Appeals, 1984)
Parson v. State
431 N.E.2d 870 (Indiana Court of Appeals, 1982)
Pennington v. State
426 N.E.2d 408 (Indiana Supreme Court, 1981)
Williams v. State
415 N.E.2d 118 (Indiana Court of Appeals, 1981)
Hott v. State
409 N.E.2d 1082 (Indiana Supreme Court, 1980)
Riley v. State
389 N.E.2d 367 (Indiana Court of Appeals, 1979)
Hutcherson v. State
381 N.E.2d 877 (Indiana Court of Appeals, 1978)