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2 Ga. App. 126

Gainer v. State

Court of Appeals of Georgia

Decided May 28, 1907

Court of Appeals of Georgia · decided 1907-05-28

<p>Accusation of vagrancy, from city court of Douglas — Judge .Eoan. May 3, 1907.</p>

Decided 1907-05-28

Russell, J.

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

¶4•

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