15 S.E.2d 623 | Ga. Ct. App. | 1941
To constitute an act a "notorious act of public indecency tending to debauch the morals," as stated in Code, § 26-6101, the act must be committed in a public place, and where two or more persons saw it or were in a position to have seen it if they had looked. Where the act was seen by only one person, and no other person was in a position to have seen it if he had looked, the act was not a violation of the Code section cited.
The evidence authorized a finding that the defendant committed a grossly indecent act in a public place, and that the act was seen by one of the persons named in the accusation as having seen it. However, the other person so named as having seen it did not testify in the case, and no evidence was introduced that authorized a finding that the indecent act was seen by any other person, or that it was committed in a place where some other person was in a position to have seen it if he had looked. Therefore the indecent act was not "a notorious act of public indecency," within the meaning of Code, § 26-6101. Lockhart v.State,
Judgment reversed. MacIntyre and Gardner, JJ., concur. *214