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STATE v. NIXON

No. 378S44.

391 N.E.2d 822 (1979)

STATE of Indiana, Appellant, Hoosier Horse Industries, Inc., (Intervening Defendant) Appellant, v. Joseph H. NIXON, Appellee.

Supreme Court of Indiana.

July 20, 1979.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Donald P. Bogard, Chief Counsel, Ronald J. Semler, Deputy Atty. Gen., Indianapolis, for appellant State.

Henry J. Price, James A. Strain, Donald E. Knebel, Indianapolis, for appellant Hoosier Horse Industries, Inc.

David F. McNamar, Michael R. Franceschini, Indianapolis, Robert M. Gholston, Franklin, for appellee.

ON REHEARING

HUNTER, Justice, dissenting.

On rehearing, I reiterate my former dissent and my concurrence with Justice DeBruler. I believe the majority has incorrectly applied the principles governing the construction of constitutional provisions. Majority Opinion, (1979) reported at Ind., 384 N.E.2d 152.

It has long been held in our state that the Constitution is a fundamental instrument, not to be stretched and...

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