Georgia Court of Appeals, 1908

Miller v. State

Miller v. State
Georgia Court of Appeals · Decided May 18, 1908 · Russell
4 Ga. App. 392; 61 S.E. 494; 1908 Ga. App. LEXIS 309

Miller v. State

Opinion of the Court

Russell, 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.

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