City of Atlanta v. McCary

Undercofler, Chief Justice.

McCary was convicted of "idling and loitering for the purposes of prostitution” contrary to the City of Atlanta Code § 17-2004. The Superior Court of Fulton County, on certiorari, reversed, holding (1) that subsections (c), (d), and (e) of Atlanta Code § 17-2004 under which McCary was convicted, were unconstitutional for lack of due process and equal protection, and (2) the evidence did not justify a rational trier of fact in finding guilt beyond a reasonable doubt. See Jackson v. Virginia 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). An appeal does not lie to…