McAllister v. City of New Orleans

SUMMERS, Justice.

Relator William P. McAllister was charged as a vagrant as defined by Section 42-85 of Ordinance No. 828 M.C.S., known as the Code of the City of New Orleans of 1956, as amended. Section 42-85, defining *408the offense, does not provide a penalty. Section 1-6 of the same Code provides that when no specific penalty is provided for offenses under the Code, the offense “shall he punished by a fine not exceeding one hundred dollars or by imprisonment for not more than ninety days or both such fine and imprisonment.” This punishment, therefore, applies to prosecutions for vagrancy in…