THOMAS v. STATE

No. 29,679.

238 Ind. 658 (1958)

154 N.E.2d 503

THOMAS v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed December 3, 1958.


Attorney(s) appearing for the Case

Cook, Cook, Bayliff & Mahoney and Raymond H. Zirkle, both of Kokomo, for appellant.

Edwin K. Steers, Attorney General, and Merl M. Wall, Deputy Attorney General, for appellee.


ARTERBURN, J.

This is an appeal from a conviction of public indecency. The appellant was tried by the court and convicted upon the testimony of two small girls, Diane, age seven, and Veronica, age eight, at the time of the alleged offense.

Their story was, that on June 11, 1957, about 1:00 to 1:30 P.M., they left their home to play in the park nearby in the city of Kokomo, Indiana. Diane said they saw a man, the appellant, who waved at them and she waved back...

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