Billy Ray Green, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed Billy Ray Green's conviction for public lewdness, holding that the statutory term "knowingly" applies only to the act of deviate sexual intercourse, that the jury charge did not improperly comment on the weight of the evidence, and that the booth where the conduct occurred was a public place so no additional instructions were required. Justice Roberts dissented, arguing that the trial judge erred in excluding defensive testimony and in failing to limit the public‑place definition to booth #18.