Kirtley v. State

OPINION

W. C. DAVIS, Judge.

Following a conviction for public lewdness, V.T.C.A. Penal Code, Sec. 21.07(a)(3), appellant was assessed a fine of one thousand dollars ($1,000) and thirty (30) days confinement. The dispositive issue on appeal is whether the act was committed in a “public place” as required by V.T.C.A. Penal Code, Sec. 21.07(a)(3).

Appellant was charged by information as follows: ,

“. . . knowingly engage in an act of sexual contact by touching the breast of D— S — , a female older than 10 years, with intent to arouse and gratify the sexual desires of (appellant) in a public place,…