Legal Opinion · Dissent

Slusher v. State

Indiana Court of Appeals

Decided June 30, 1982No. 3-381A84Published

1DissentStaton, Judge

I dissent. The convictions should be affirmed.

The majority of this Court has taken a challenge to the sufficiency of the evidence sustaining the Slushers’ convictions for *103reckless homicide and turned it into an analysis of what “reasonable men” think of the following words:

“A person who recklessly kills another human being commits reckless homicide, a Class C felony.” IC 1976, 35-42-1-5 (Burns Code Ed., 1979 Repl.) (amended 1980).

The majority’s analytical approach leads it to conclude that the language of IC 35-42-1-5 is unconstitutionally “vague” thereby depriving the Slushers of their…

2Cases cited51 opinions

  1. Rowland v. ChristianCalifornia Supreme Court · 1968
  2. Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
  3. Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
  4. Commonwealth v. WelanskyMassachusetts Supreme Judicial Court · 1944
  5. Sargent v. RossSupreme Court of New Hampshire · 1973

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