Indiana Court of Appeals March 29, 1984, 2-583A156 (Russell v. State)

RATLIFEF, Judge,

by designation.

STATEMENT OF THE CASE

Appellant Charles Russell appeals from his conviction by jury for criminal deviate conduct. We reverse.

FACTS

Both Russell and the victim were voluntarily admitted patients at the LaRue Carter Hospital psychiatric ward in Marion County, Indiana. In the early morning hours of May 17, 1982, victim awoke face down on his bed.