State v. Bigbee

This is an appeal by the State of Indiana from the trial court’s sustaining of the defendant’s Motion to Dismiss. * On March 9, 1971, the defendant was indicted for executing a bond without collecting in full a premium therefor. On April 7, 1971, the defendant filed a Motion to Dismiss. Argument was heard by the trial court on the motion and on April 28, 1971, the Motion to Dismiss was sustained with the trial court finding that the statute under which the defendant was charged was unconstitutional.

The statute in question is IC 1971, 35-4-5-40 (Ind. Ann. Stat. § 9-3738 [1971 Supp.]). The…