Haynes v. State

SHIELDS, Presiding Judge.

Arthur E. Haynes, Jr. appeals his conviction for public intoxication on the grounds the evidence is insufficient to sustain it.

We reverse.

Proof Haynes was in a public area is an essential element of the State’s case. IC 7.1-5-1-3 (1988). The evidence Haynes was intoxicated on the porch of a private residence is insufficient to support his conviction for public intoxication. State v. Culp (1982), Ind.App., 433 N.E.2d 823, transfer denied. The evidence Haynes was intoxicated in an area off the porch is similarly deficient because there is no evidence the area “off” the…