State v. Harris

GARRARD, Judge.

This is a consolidation of four separate cases. The defendants were charged with public indecency, a Class A misdemeanor. IC 35-45-4-l(a)(3). Motions to dismiss were filed and overruled. The defendants were then tried by the court upon a stipulation of facts. Each was found not guilty.

The state brings this appeal asserting that the court must have found the statute 1 unconstitutional, 2 and urges us to reverse the judgments.

The overriding problem is that appeals by the state in criminal cases are strictly limited to authorization by statute. State v. Nichols (1980), Ind., 412…