Singleton v. State

Smith, Judge.

The state filed no brief, only a motion to dismiss, in which we find no merit.

Singleton was convicted of public indecency. He cites as error the charge of the court as to what constitutes a "public place.” We agree and reverse.

Singleton was charged with public indecency in that "in a public place, to wit: the Public Safety Building on Church Street in Gainesville, Georgia, [he did] perform a lewd caress of the body of another person. . .” Code § 26-2011 (d)‘ (Ga. L. 1968, pp. 1249, 1301) defines one act of public indecency thusly: "A person commits public indecency when he…