State v. McNutt

McMurray, Judge.

This case involves an accusation of an offense of misdemeanor in that the defendant did "commit an act of public indecency ... in a public place, . . . Climax Book Store,” in making a lewd exposure of his sexual organs. The defendant moved to quash the accusation contending he had "leased” the facilities as a private theatre to review films which had been leased for his own private viewing, the said theatre having been closed to the public and thus did not constitute a public place. He contends the officer, presumably who had arrested him, had invaded his privacy and had…