Daniels v. State

Sears-Collins, Justice.

Roy Daniels was convicted of violating the “Anti-Mask Act,” OCGA § 16-11-38 1 [or “the Act”], and his conviction and sentence were affirmed by the Court of Appeals, Daniels v. State, 211 Ga. App. 23 (438 SE2d 99) (1993). We granted certiorari to consider whether Daniels’ actions constituted a violation of § 16-11-38. For the following reasons, we reverse.

1. The evidence introduced at the bench trial revealed these facts. Daniels, 49, is a former chicken catcher who supplements his Social Security disability income by collecting and recycling aluminum cans. On May 24,…