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SWEENEY v. STATE

No. 2-884-A-244.

486 N.E.2d 651 (1985)

Carolyn SWEENEY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

December 26, 1985.

Attorney(s) appearing for the Case

Nancy L. Cross, Franklin I. Miroff, Ancel, Miroff & Frank, P.C., Indianapolis, Charles A. Asher, South Bend, for appellant.

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

SULLIVAN, Judge.

Carolyn Sweeney appeals her conviction for public indecency, a class A misdemeanor under I.C. 35-45-4-1 (Burns Code Ed. Repl. 1985). The sole issue on appeal is whether Sweeney's conduct occurred in a "public place" within the meaning of the statute.1

We reverse.

The relevant facts are as follows: On March 10, 1983, Joseph Brannon, a police officer in plain clothes...

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