McNeely v. State

ROBERTSON, Judge.

Defendant-appellant Russell McNeely’s appeal of his conviction of child stealing (Ind. Code 35-1-55-2) 1 after a trial before the Vanderburgh Circuit Court presents essentially two issues; (1) whether IC 35-1- 55-2 or the information under which McNeely was charged is unconstitutionally vague; and, (2) the sufficiency of the evidence.

We affirm.

The record shows that McNeely took custody of his two-year old son, Elvis, on Friday, July 22, 1977, pursuant to a dissolution decree and subsequent modification order. The order provided that McNeely was to have custody of Elvis for…