Commonwealth v. Maguire (Lawyers Weekly No. 10-002-17)
Detective testified to disgust and concern for victims, but not personal shock. No evidence actual victims noticed or reacted. Vicarious concern insufficient for lewdness conviction.
Detective testified to disgust and concern for victims, but not personal shock. No evidence actual victims noticed or reacted. Vicarious concern insufficient for lewdness conviction.
Affirmed convictions for open and gross lewdness and resisting arrest. Detective's testimony that he felt disgusted and concerned for bystanders satisfied the statutory requirement that defendant's exposure actually shock or alarm someone.