Hallmark v. State

SAMFORD, Judge.

The complaint filed by the Solicitor on appeal‘charged the defendant with being a vagrant, and was sufficient to charge the offense denounced by Section 5571 of the Code of 1923. This Section defines “vagrancy” under 13 sub-divisions, which, either separately or all together, constitute the offense denounced by the Statute. Brannon v. State, 16 Ala.App. 259, 76 So. 991.

However, on the trial of this case in the Circuit Court, the State announced its election to prosecute under Sub-Division 6 of the above named Section. The Court in his general charge stated to the Jury: “The…