McGowan v. State

Concurring Opinion

Sullivan, J.

The Court of Appeals in Sumpter v. State (1973), Ind. App., 296 N.E.2d 131 reversed a conviction in which the sex of the defendant was an essential element of the crime. In so doing, the court relied exclusively upon Watson v. State (1957), 236 Ind. 239, 140 N.E.2d 109.

Upon transfer, our Supreme Court acknowledged that the Court of Appeals had correctly applied existing law but stated:

“However, we also believe that the existing law is in need of modification.” Sumpter v. State (1974), 261 Ind. 471, 306 N.E.2d 95, 98. The Supreme Court, thereby, may have cast some…