Titus v. State

HAWKINS, Judge.

Upon conviction for vagrancy appellant’s punishment was assessed at a fine of $200.

The affidavit charges that appellant, “On or about the 1st day of June, 1922, . . . and continuously up to the filing of this affidavit was ... a male person, who then and there habitually associated with a prostitute,” naming her.

It is not averred that appellant was a “vagrant.” It has been held by our court that it is not sufficient to allege that one is a vagrant, omitting the particular facts upon which reliance is had to so characterize accused, because to so charge states merely a legal…