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HAYNES v. STATE

No. 49A02-9001-CR-40.

563 N.E.2d 159 (1990)

Arthur E. HAYNES, Jr., Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

December 4, 1990.

Attorney(s) appearing for the Case

Lesa Lux Johnson, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Gary Damon Secrest, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee.

SHIELDS, Presiding Judge.

Arthur E. Haynes, Jr. appeals his conviction for public intoxication on the grounds the evidence is insufficient to sustain it.

We reverse.

Proof Haynes was in a public area is an essential element of the State's case. IC 7.1-5-1-3 (1988). The evidence Haynes was intoxicated on the porch of a private residence is insufficient to support his conviction for public intoxication. State v. Culp (1982), Ind. App.,

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