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Court says children were endangered by public intoxication

February 29, 2016

The Indiana Court of Appeals affirmed a man’s conviction of public intoxication that endangers a person after he claimed he did not endanger anyone, despite being drunk and having a bow and arrow by his side.

Brice Hinton was charged with the Class B misdemeanor after he was found in the morning with a bow and arrow by his side while intoxicated. He was between Speedway Elementary and Middle schools as children were headed into school. Hinton did not argue he was intoxicated, but argued he did not endanger a person.
Hinton said the fact he was drunk and holding a bow and arrow should not be enough to say he endangered anyone because he did not have the bow and arrow in a loaded position and wasn’t aiming it at anyone.

However, the COA disagreed. It said there were children within 10 feet of Hinton’s location, and the weapon was in a position just before he would shoot it. The COA said the state did not have to prove actual harm or injury occurred, but that they were in danger. Because the weapon was in a position where it could have been fired, and children were so close, there was endangerment.

The COA said Hinton’s argument is an invitation for the court to reweigh the evidence and judge the credibility of witness, which it cannot do.

The case is Brice Hinton v State of Indiana, 49A04-1508-CR-1167.
 

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