Shorter v. State

DISSENTING OPINION

Hoffman, J.

I dissent from the disposition reached in the majority opinion.

The majority opinion herein holds that the allegation that Shorter caused a minor girl “. . . to be absent and remain *178away from her home and place of abode . . is insufficient to charge a public offense. It does so by concluding that such conduct is not proscribed by IC 1971, 31-5-7-4 (Burns Code Ed.), and then relying upon the unquestionable principle that the courts may not enlarge the meaning of penal statutes beyond the fair meaning of the language used therein.

I cannot agree with the first step…