State v. Grenz

(dissenting) — I cannot agree with the view of the majority that an enactment which defines a vagrant as one who wanders about the street at late or unusual hours of the night, unless such person is engaged in a visible or lawful business, is a valid exercise of the police power. In the majority opinion, it is stated that it was necessary for the state to prove beyond a reasonable doubt that appellant wandered about the streets at a late or unusual hour of the night without any visible or lawful business; and that the visible or lawful business in question is that which is concerned with the…