Elliott v. State

STATON, Judge.

Durwood Elliott was convicted by jury trial of carrying a handgun without a license, a class D felony. 1 He was fined and sentenced to a term of two (2) years imprisonment. Elliott contends on appeal:(1) that his arrest for urination in public is unlawful, and that any evidence seized incident to the unlawful arrest should be suppressed;(2) that Ind.Code 35-23-4.1 — 19 is unconstitutional because it shifts the burden of proof to the defendant for proving the existence of a license.

Affirmed.

A police officer saw Elliott urinating in a public alley. The officer asked Elliott his…