57 So. 512 | Ala. Ct. App. | 1912
The indictment charges an indecent-exposure of the person in a public place, willfully and intentionally made by the defendant in the presence-of an assembly of divers persons.
The offense charged is indictable and punishable-at common law. 29 Cyc. p. 1316; 1 Wood on Nuisances,, c. 2, § 57.
The offense is complete if the act is intentionally committed at such time and place and in such manner as to offend against public decency, and the intent may be inferred from the recklessness of the act.—Van Houten v. State, 46 N. J. Law, 16, 50 Am. Rep. 397.
It is sufficient at common law that the act be committed in a public place in the presence of more than one person. —State v. Rose, 32 Mo. 560; State v. Millard, 18 Vt. 574, 46 Am. Dec. 170; State v. Roper, 18 N. C. 208; Grisham v. State, 2 Yerg. (Tenn.) 589; Regina v. Orchard, 20 Eng. Law & Eq. 597, 600.
The judgment of conviction and fine imposed was authorized. Code 1907, § 7622.
There is no error shown by the record, and the case will be affirmed.
Affirmed.