matter of affirmative defense (Indiana) · Go Syfert
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matter of affirmative defense in Indiana

5 Indiana opinions name it 2 courts 1918–2005 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
State v. O'Dellgreen
ind · 1918 · cited in 3 Indiana opinions naming this issue, 1922–2005
2 sentences

2005See Day v. State, 251 Ind. 399, 402 , 241 N.E.2d 357, 359 (1968) (holding that when an offense is created by statute and another statute or another section of the statute makes exceptions thereto, it is not incumbent upon the state to prove the exceptions); State v. O'Dell, 187 Ind. 84, 88 , 118 N.E. 529, 531 (1918) (holding that a compulsory attendance statute recognizes exceptions to its operation and "the burden rests on the defendant to avail himself to the exception, if any, which is applicable to his case, since proof thereof is a matter of affirmative defense").

2005See Day v. State, 251 Ind. 399, 402 , 241 N.E.2d 357, 359 (1968) (holding that when an offense is created by statute and another statute or another section of the statute makes exceptions thereto, it is not incumbent upon the state to prove the exceptions); State v. O'Dell, 187 Ind. 84, 88 , 118 N.E. 529, 531 (1918) (holding that a compulsory attendance statute recognizes exceptions to its operation and "the burden rests on the defendant to avail himself to the exception, if any, which is applicable to his case, since proof thereof is a matter of affirmative defense").

23
Day v. Stategreen
ind · 1968 · cited in 2 Indiana opinions naming this issue, 2005–2005
2 sentences

2005See Day v. State, 251 Ind. 399, 402 , 241 N.E.2d 357, 359 (1968) (holding that when an offense is created by statute and another statute or another section of the statute makes exceptions thereto, it is not incumbent upon the state to prove the exceptions); State v. O'Dell, 187 Ind. 84, 88 , 118 N.E. 529, 531 (1918) (holding that a compulsory attendance statute recognizes exceptions to its operation and "the burden rests on the defendant to avail himself to the exception, if any, which is applicable to his case, since proof thereof is a matter of affirmative defense").

2005See Day v. State, 251 Ind. 399, 402 , 241 N.E.2d 357, 359 (1968) (holding that when an offense is created by statute and another statute or another section of the statute makes exceptions thereto, it is not incumbent upon the state to prove the exceptions); State v. O'Dell, 187 Ind. 84, 88 , 118 N.E. 529, 531 (1918) (holding that a compulsory attendance statute recognizes exceptions to its operation and "the burden rests on the defendant to avail himself to the exception, if any, which is applicable to his case, since proof thereof is a matter of affirmative defense").

22
Washington v. Stategreen
ind · 1987 · cited in 1 Indiana opinions naming this issue, 2002–2002
2 sentences

2002See Ind.Code § 85-47-2-24; Washington. v. State, 517 N.E.2d 77, 79 (Ind.1987).

2002See Ind.Code § 35-47-2-24; Washington v. State, 517 N.E.2d 77, 79 (Ind.1987).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
State v. McCaffrey green
vt · 1896
1 sentence

1918Cooper v. State (1874), 47 Ind. 61, 63 ; State v. McCaffrey (1896), 69 Vt. 85, 90 , 37 Atl. 234 ; 12 Cyc 380.

11918–1918
Cooper v. State neutral
ind · 1874
1 sentence

1918Cooper v. State (1874), 47 Ind. 61, 63 ; State v. McCaffrey (1896), 69 Vt. 85, 90 , 37 Atl. 234 ; 12 Cyc 380.

11918–1918

Where else courts name it

TX 14 (1925–2018) NY 11 (1901–2011) CA 9 (1922–2013) MO 8 (1905–2024) MI 8 (1920–1977) IL 7 (1945–2016) GA 7 (1944–1968) FL 7 (1911–2005) NE 6 (1969–2020) IN 5 (1918–2005) KS 5 (1926–1970) NJ 4 (1978–1987) VT 3 (1933–2007) ID 2 (1928–1979) OR 2 (1960–1988) LA 2 (1968–1969) MD 2 (1916–2007) AK 2 (1991–1995) VA 2 (1945–2007) TN 2 (1935–2016) MT 2 (1935–1943)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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