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ERHARDT v. STATE

No. 4-882A239.

463 N.E.2d 1121 (1984)

Ruth E. ERHARDT, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied July 11, 1984.

Attorney(s) appearing for the Case

Kenneth R. Scheibenberger, Lebamoff & Associates, Fort Wayne, for appellant.

Linley E. Pearson, Atty. Gen., Joseph N. Stevenson, Deputy Atty. Gen., Indianapolis, for appellee.

MILLER, Judge.

Defendant-appellant Ruth E. Erhardt was convicted of public indecency, a class A misdemeanor, (IND. CODE 35-45-4-1).1 She seeks reversal on appeal claiming:

1. the evidence was insufficient to sustain the court's judgment, and 2. nudity alone cannot constitutionally be the basis for a criminal conviction.

Because we conclude there was insufficient evidence to support the conviction, we reverse...

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