Ellis v. State

HARPER, Judge.

Appellant was prosecuted under article 636 of the Penal Code, which reads: “All male persons who habitually associate with prostitutes, or habitually loiter in and around houses-of prostitution, or who, without having visible means of support, receive financial aid or assistance from prostitutes,” is a vagrant. The information in this case charges that appellant “did habitually associate with a prostitute, to wit: Bertha Pearson, the said Bertha Pearson then and there being a prostitute.” In no part of the complaint is appellant said to be a "male person,” nor is any allegation…