Kribs v. State, 49A05-0904-CR-225
5th Dist., 12-14-09, Ind.App.
Attorney: Joel M. Schumm
Holding: State failed to prove beyond a reasonable doubt that Defendant knowingly or intentionally entered a controlled area of an airport with a weapon or explosive, in violation of I.C. 35-47-6-1.3. Following bench trial that resulted in Defendant’s conviction, trial court stated that it believed Defendant “didn’t remember” that he had the handgun in his possession when he entered the security checkpoint of the airport and that there was no “malicious intent” involved. Mere forgetfulness does not satisfy knowledge or intent requirement set out by I.C. 35-47-6-1.3. Held, conviction reversed.
