United States v. Robert H. Kilgen, Jr.

LEWIS R. MORGAN, Circuit Judge:

In our initial decision in this case, United States v. Kilgen, 5 Cir., 1970, 431 F.2d 627, we held that evidence was erroneously admitted against appellant Kilgen because the vagrancy statute under which he was arrested was unconstitutional. However, upon further consideration, we have decided to grant the government’s motion for rehearing and withdraw that portion of the opinion which held the confession and the physical evidence inadmissible. We now hold that, even though the statute is unconstitutional for the reasons stated in our original opinion, the…