Legal Opinion

Miller v. State

Court of Appeals of Georgia

Decided May 18, 1908No. 1125PublishedCited by 2 opinions

Accusation of vagrancy, from city court of Ashbum — Judge Hawkins. April 4, 1908.

1Opinion of the CourtRussell, J.

This case is controlled by the decision of this court in Jacobs v. State, 1 Ga. App. 519 (1), (57 S. E. 1063). A conviction for vagrancy is unauthorized where testimony that at certain times the defendant was seen not to work is opposed by positive and unimpeached testimony that he worked, especially where the evidence for the State wholly fails to show that he did not have visible means of support.

Judgment reversed.

2Cases cited1 opinion

  1. Jacobs v. StateCourt of Appeals of Georgia · 1907

3Cited by2 opinions

  1. Leonard v. StateCourt of Appeals of Georgia · 1909
  2. Farley v. StateCourt of Criminal Appeals of Texas · 1922