Gentry v. Town of Booneville

Concurring Opinion.

Sydney Smith, O. J.,

delivered a concurring opinion.

I concur in the affirmance of this judgment, but not on the construction put on the statute, in effect, amends it in a material particular.

The paragraph of the statute under which this prosecution was had, includes and excludes several things which cause it to present a serious question as to whether it can survive the crossing of the bar of due process. Its constitutional validity, however, is not here challenged.

The words “who has no visible means of support” set forth not a mere rule of evidence, but an essential element…