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CHUBB v. STATE

No. 49S02-9409-CR-855.

640 N.E.2d 44 (1994)

Larry CHUBB, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

As Corrected September 15, 1994.

Rehearing Denied December 15, 1994.

Attorney(s) appearing for the Case

David L. Rimstidt, Rimstidt, Yackey & Ladd, Indianapolis, for appellant.

Pamela Carter, Atty. Gen., Cynthia L. Ploughe, Deputy Atty. Gen., Indianapolis, for appellee.

ON PETITION TO TRANSFER

DICKSON, Justice.

Charged with appearing in a public place in a state of nudity and there fondling the genitals of another, the defendant, Larry Chubb, was convicted of public indecency, a class A misdemeanor. Ind. Code § 35-45-4-1. The Court of Appeals reversed, finding that the defendant's genital nudity inside a stall in a public restroom did not occur in a public place and that the police officer's fondling testimony was...

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