Georgia Court of Appeals, 1907

Gainer v. State

Gainer v. State
Georgia Court of Appeals · Decided May 28, 1907 · Russell
2 Ga. App. 126; 58 S.E. 295; 1907 Ga. App. LEXIS 293

Gainer v. State

Opinion of the Court

Russell, J.

1. The fact that a party is black and ragged, and asleep at night, and has not worked for four days, although he may have no money, will not of itself authorize a conviction for vagrancy.

. 2. Where a person has been arrested without a warrant, evidence, obtained by unlawful search and seizure, that such person has no money, should be rejected.

■ ■3. The evidence did not authorize the conviction, which consequently was contrary to ‘law. Judgment reversed.

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