Young v. State

CONCURRING IN PART; DISSENTING IN PART.

Arterburn, C. J.

I can not concur in the reasoning of the majority opinion because I see no reason for changing the law in Indiana from that set forth in Berry v. State (1968), 251 Ind. 494, 242 N. E. 2d 355, concurred in at the time by both Judges Hunter and DeBruler,

*253Vacillation and change in ruling precedent is to be deplored. It leaves the trial courts in a state of confusion.

I do concur in the result in this case for another reason, namely because the instruction, by its very wording places upon the defendant the necessity of producing evidence of…