Townsend v. State

OPINION

KIRSCH, Judge.

Clarence Bateil Townsend appeals his conviction for public indeceney,1 a Class A misdemeanor, contending that the evi-denee was insufficient to support his conviction because, while there was circumstantial evidence that he urinated in a public place, there was neither evidence nor reasonable inference that he showed his penis while doing so. We agree and reverse Townsend's conviction.

FACTS AND PROCEDURAL HISTORY

On May 23, 2000, at approximately 8:80 pm., South Bend Police Officer Scott Bryant observed Townsend walking down the street with his knees held closely together.…