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ELLIOTT v. STATE

No. 3-182A2.

435 N.E.2d 302 (1982)

Durwood ELLIOTT, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

May 25, 1982.

Attorney(s) appearing for the Case

Michael A. Dvorak, South Bend, for appellant-defendant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee-plaintiff.

STATON, Judge.

Durwood Elliott was convicted by jury trial of carrying a handgun without a license, a class D felony.1 He was fined and sentenced to a term of two (2) years imprisonment. Elliott contends on appeal:

(1) that his arrest for urination in public is unlawful, and that any evidence seized incident to the unlawful arrest should be suppressed; (2) that Ind. Code 35-23-4.1-19 is unconstitutional because it shifts...

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