Demontigney v. State

BAKER, Judge.

This appeal presents a challenge to the constitutionality of the cruel confinement subsection of our neglect of a dependent statute, IND. CODE 35-46-1-4. The defendant-appellants John Wolfe and Lottie Demontigney, husband and wife, (collectively, the Wolfes) were convicted by a Lake County jury of a Class D felony for cruelly confining 2 their six-year old son, J.J.

In addition to challenging the constitutionality of the statute, Lottie argues the trial court improperly instructed the jury on the mens rea the State had to prove to win a conviction, and John argues the evidence is…