In Re McCue

Application for writ of habeas corpus. Petitioner is serving a sentence. imposed on account of a violation of subdivision 5, section 647, Penal Code. This sub division provides: “Every idle or lewd or dissolute person, or associate of known thieves, ... is a vagrant.” It is insisted that this subdivision is void, in that the constituent elements entering into the crime are not defined, and as a consequence one charged thereunder is subject to the arbitrary meaning given by the court to the words employed; that it denounces a penalty against one who is either idle, lewd or dissolute without…