Harper v. State

CATES, Judge.

This is an appeal from the Mobile Circuit Court from a conviction under the vagrancy statute (Code 1940, T. 14, § 437), particularly subdivision (9), whereunder the appellant was charged with being a prostitute.

The questions are: (1) whether evidence of two prior acts of sexual intercourse within ninety days of a similar act seen at the time of the defendant’s arrest is (a) sufficient for a prima facie case and (b) not too remote in time; and (2) whether a misdemeanor complaint filed by the solicitor in the circuit court which does not conclude with “against the peace and dignity…