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DEMONTIGNEY v. STATE

No. 45A04-9110-CR-351.

593 N.E.2d 1270 (1992)

Lottie E. DEMONTIGNEY and John David Wolfe, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

Rehearing Denied September 1, 1992.

Attorney(s) appearing for the Case

Nathaniel Ruff, Appellate Public Defender's Office, Crown Point, for L. Demontigney.

Scott L. King, Appellate Public Defender's Office, Crown Point, for J. Wolfe.

Linley E. Pearson, Atty. Gen., Louis E. Ransdell, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for the 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 confining2 their six-year old son, J.J.

In addition to challenging the constitutionality...

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