Powell v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

— The exception to the charge goes to the paragraph in which the phase of the Statute containing the words “immoral and profligate life” was used. We think the objection to submitting that issue was quite specific. It is urged, however, that inasmuch as there is evidence in the case which support other phases of the vagrancy Statute, that the error in submitting that which was not supported by evidence is harmless. There was improperly admitted before the jury testimony of a witness to the effect that he had seen the appellant talking to persons…