ATKINS v. STATE

No. 2-982A304.

451 N.E.2d 55 (1983)

Patricia M. ATKINS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

June 30, 1983.


Attorney(s) appearing for the Case

James R. Fleming, Howard County Public Defender, Kokomo, for appellant.

Linley E. Pearson, Atty. Gen. of Ind., Louis E. Ransdell, Deputy Atty. Gen., Indianapolis, for appellee.


SHIELDS, Judge.

Patricia M. Atkins (Atkins) appeals her conviction of public intoxication, I.C. 7.1-5-1-3 (Burns Code Ed., Supp. 1982). She raises two issues on appeal:

1) whether a passenger in an automobile traveling on a public highway is in a public place; and, 2) whether the evidence is sufficient to support her conviction.

We affirm.

I.C. 7.1-5-1-3 states:

"It is a class B misdemeanor for a person to be in a public...

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