Mims v. State
Supreme Court of Georgia
Vagrancy. Tried before Judge Harrell. Early Superior Court. April Term, 1869. Mims was tried for vagrancy. The evidence was as follows : William Floyd testified: That he was sent to defendant’s house to execute an attachment, levied on a lot of land, a cart and steers, cow and calf, household and kitchen furniture, some plantation tools, several bushels of .peas and some syrup; that he found a piece of bacon, about six inches long and four or five inches thick, and nearly a…
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Vagrancy. Tried before Judge Harrell. Early Superior Court. April Term, 1869. Mims was tried for vagrancy. The evidence was as follows : William Floyd testified: That he was sent to defendant’s house to execute an attachment, levied on a lot of land, a cart and steers, cow and calf, household and kitchen furniture, some plantation tools, several bushels of .peas and some syrup; that he found a piece of bacon, about six inches long and four or five inches thick, and nearly a bushel of corn? fifteen hogs and thirteen goats. He said he had not seen the defendant for a month or two, and did not…
1Opinion of the CourtBrown, C. J.
We think there is no room for a doubt that the verdict in this case was wrong, and should have been set aside.
The evidence is clearly insufficient' to support a conviction in a criminal case. Not a single witness 'proves the defendant to have been idle for the last month, or for any length of time. They swear that they had not seen much of him for the last month, and did not know whether he had been at work or not. Upon such evidence as this, any citizen who has remained at home, and attended closely to his business, without visiting his neighbors, may be convicted, if his neighbors have been…
2Cited by1 opinion
- Elders v. StateCourt of Appeals of Georgia · 1916