Cody v. State
Supreme Court of Georgia
Indictment for vagrancy. Before Judge Crisp. City court of Americus. September 7, 1903. The indictment charged Hester Cody with the offense of vagrancy, “for that the said Hester Cody, on the 15th day of May, in the year nineteen hundred and three, in the county aforesaid, did then and there, unlawfully and with force and arms, wander and stroll about in idleness, being then and there able to work and having no property to support her, and did then and there lead an idle,…
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Indictment for vagrancy. Before Judge Crisp. City court of Americus. September 7, 1903. The indictment charged Hester Cody with the offense of vagrancy, “for that the said Hester Cody, on the 15th day of May, in the year nineteen hundred and three, in the county aforesaid, did then and there, unlawfully and with force and arms, wander and stroll about in idleness, being then and there able to work and having no property to support her, and did then and there lead an idle, immoral, and profligate life, having no property to support her and being then and there able to work and not working, and…
1Opinion of the CourtLamar, J.
The defendant was charged with the single offense of vagrancy, which, under the Penal Code, §453, may be committed in either of several ways; and the count here is not double .because it charges the commission of the offense in several of the methods prescribed by the statute, none of those alleged being repugnant to each, other. At the trial the offense could have been established by proof of the commission of either of the prohibited acts, nor vras the -State bound to elect between them. Heath v. State, 91 Ga. 126; Wingard v. State, 13 Ga. 398; Stephens v. State, 11 Ga. 226 (2); Sims v.…
2Cases cited6 opinions
- Lascelles v. StateSupreme Court of Georgia · 1892
- Keller v. StateSupreme Court of Georgia · 1897
- Wingard v. StateSupreme Court of Georgia · 1853
- Heath v. StateSupreme Court of Georgia · 1893
- Sims v. StateSupreme Court of Georgia · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hall v. StateCourt of Appeals of Georgia · 1911
- Sutton v. StateSupreme Court of Georgia · 1906
- Flournoy v. StateCourt of Appeals of Georgia · 1962
- Millhollan v. StateSupreme Court of Georgia · 1965
- Garmon v. StateSupreme Court of Georgia · 1964
17 more not listed; retrieve them via the Exa API.