Moore v. State

I respectfully dissent with the majority's conclusion that Moore was not in a public place or place of public resort within the meaning of Indiana Code section 7.1-5-1-3. I would therefore affirm her conviction for public intoxication. __

Indiana Code section 7.1-5-1-3 provides, "It is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance (as defined in IC 35-48-1-9)." With respect to intoxicated people in private vehicles, the Indiana Supreme Court has held that a…