The defendant was convicted of lewdness and public indecency. This case was originally docketed in the Supreme Court as error was assigned on the constitutionality of the criminal statute involved. The Supreme Court decided the constitutional question adversely to the defendant and transferred the remaining enumerations of error from the order denying the motion for new trial to this court. Huguley v. State, 225 Ga. 191 (167 SE2d 152).

2. Complaint is made on an excerpt from the court's charge to the jury that the burden is on the State to prove that the act of public indecency was committed at a time and place where other persons could have seen it. The court's charge was a correct statement of the law. Lockhart v. State, 116 Ga. 557 (42 SE 787); Green v. State, 106 Ga. App. 485 (127 SE2d 383). The judgment denying a new trial by the trial court is