Supreme Court of the United States, 1972

Smith v. Florida

Supreme Court of the United States · Decided February 24, 1972 · Douglas, Powell, Rehnquist

405 U.S. 172; 92 S. Ct. 848; 31 L. Ed. 2d 122; 1972 U.S. LEXIS 85 (United States Reports)

Counsel

Phillip A. Hubbart argued the cause and filed briefs for petitioners., Nelson E. Bailey, Assistant Attorney General of Florida, argued the cause for respondent pro hac vice. With him on the brief was Robert L. Shevin, Attorney General.

Cases that cite this one

13 later published cases cite this decision.

State v. McMilian (Mo. Ct. App. 1983)
Russo v. State (Fla. Dist. Ct. App. 1972)
United States v. Malcolm (2d Cir. 1974)
State v. Aiuppa (Fla. 1974)
Jones v. State (Fla. 1974)
United States ex rel. Newsome v. Malcolm (2d Cir. 1974)
Gonzales v. City of Belle Glade (Fla. 1973)
State v. Penley (Fla. Dist. Ct. App. 1973)
Roger Edward Hamrick v. Louie L. Wainwright, Director, Division of Corrections (5th Cir. 1972)
State v. Miller (Ariz. 1972)
Smith v. State (Fla. 1972)
United States v. Robert Orville Dunavan, United States of America v. James Edward Mitchell (6th Cir. 1973)
A. B. Jac, Inc. v. Liquor Control Commission (Ohio Ct. App. 1972)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Mr. Justice Douglas

delivered the opinion of the Court.

Florida’s vagrancy statute 1 includes in the term “vagrants,” who can be criminally charged and convicted, “persons wandering or strolling around from place to place without any lawful purpose or object.” 2 The defendants were so charged and pleaded not guilty, waived trial by jury, and were tried by a judge, who denied a motion to dismiss. The Florida Supreme Court affirmed, two judges dissenting. 239 So. 2d 250. The *173 case is here on a petition for a writ of certiorari which we granted. 403 U. S. 917.

We have this day decided Papachristou v. City of Jacksonville, ante, p. 156. We therefore vacate and remand the judgment in the instant case for reconsideration in light of Papachristou.

So ordered.

Mr. Justice Powell and Mr. Justice Rehnquist took no part in the consideration or decision of this case.

Fla. Stat. §856.02 (1965). See Papachristou v. City of Jacksonville, decided this day, ante, at 157 n. 2.

§ 856.02.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.