State v. Booth

CADY, Justice.

In this appeal, we must determine whether the front steps and common hallway of an apartment house are public places. The appellee was charged with two alcohol-related offenses premised on her being in a public place at the time the offenses were committed. She was subsequently found guilty of both charges by a judicial magistrate, but her convictions were overturned by the district court, which concluded the front steps and hallway of the house were not public places. The State challenges the district court’s determination with this appeal. For the reasons that follow, we…