Welborn v. State

Decided February 12, 1904

Supreme Court of Georgia · decided 1904-02-12

1. The act of August 7, 1903, in relation to vagrancy, amends but does not repeal Penal Code, § 453. 2. Under one count of the accusation a conviction was warranted, whether the evidence be referred to a date before or after the approval of that act. 3. There was positive testimony that the defendant, a grown woman able to work, with no visible or known means of a fair, honorable, and reputable livelihood, was a street-walker, who loitered around saloons and did no . work. The fact that on two occasions she had earned small sums, wholly insufficient to support her, was no answer to the general state of idleness in which she was shown to live.

Relies on Cody v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1904-02-12

How this case has been cited

Cited by 6 later decisions — most recently September 1944

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Lamar, J.

¶1There was positive testimony that the defendant was grown and able to work; that she had no visible or known means of a fair, honest, or reputable livelihood; that she was a lewd woman and a street-walker, who loitered around saloons, and did no work. The'fact that during one week'she earned a dollar, and during another twenty-five cents, was no answer to. the general state of idleness in which she was shown to live. Cody v. State, 118 Ga. 784. The act of August 7, 1903 (Acts 1903 p. 46), amends but does not repeal Penal Code, § 453, and the conviction was warranted under one count' of the accusation, whether the evidence be referred to a date before or after the approval of that act.

¶2Judgment affirmed.

All the Justices concur, except Simmons, G. J., absent.