Public-domain · open source

405 U.S. 172

31 L. Ed. 2d 122

Docket No. 70-5055.

Smith v. Florida

Supreme Court of the United States

Argued Dec. 8, 1971.

February 24, 1972

Supreme Court of the United States · decided 1972-02-24

Petitioners' convictions for violation of the Florida vagrancy statute for 'wandering or strolling around from place to place without any lawful purpose or object' are vacated and the case is remanded for reconsideration in light of Papachristou v. City of Jacksonville, 405 U.S. 156, 92 S.Ct. 839, 31 L.Ed.2d 110. Pp. 172-173. 239 So.2d 250, vacated and remanded. Mr.

Cited by 39 later decisions (4 by the Supreme Court) — most recently February 1983 · most notably Papachristou v. City of Jacksonville (1972), United States ex rel. Newsome v. Malcolm (1974)

11 federal appellate · 24 state decisions

Key passage — most relied on by later courts

“Rogues and vagabonds, idle or dissolute persons who go about begging, common gamblers, persons who use juggling, or unlawful games or plays, common pipers and fiddlers, common drunkards, common night walkers, thieves, pilferers, traders in stolen property, lewd, wanton and lascivious persons, keepers of gambling places, common railers and brawlers, persons who neglect their calling or employment, or are without reasonably continuous employment or regular income and who have not sufficient property to sustain them, and misspend what they earn without providing for themselves or the support of their families, persons wandering or strolling around from place to place without any lawful purpose or object, habitual loafers, idle and disorderly persons, persons neglecting all lawful business and habitually spending their time by frequenting houses of ill fame, gaming houses or tippling shops, persons able to work but habitually living upon the earnings of their wives or minor children, and all able bodied male persons over the age of eighteen years who are without means of support and remain in idleness, shall be deemed vagrants, and upon conviction shall be subject to the penalty provided in Sec. 856.03.”

quoted by 1 later decision, including Roger Edward Hamrick v. Louie L. Wainwright, Director, Division of Corrections

Relies on Papachristou v. City of Jacksonville · Fuentes v. Shevin · 239 So. 2d 250 - Smith v. State

Good law ✅— No negative treatment on recordhow we know

Vacated and remanded · 7–0 · Opinion by William Orville Douglas · Decided 1972-02-24

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Phillip A. Hubbart, Miami, Fla., for petitioners.

Nelson E. Bailey, Tallahassee, Fla., for respondent, pro hac vice, by special leave of Court.

Syllabus

Petitioners' convictions for violation of the Florida vagrancy statute for 'wandering or strolling around from place to place without any lawful purpose or object' are vacated and the case is remanded for reconsideration in light of Papachristou v. City of Jacksonville, 405 U.S. 156, 92 S.Ct. 839, 31 L.Ed.2d 110. Pp. 172-173.

239 So.2d 250, vacated and remanded.

Mr. Justice DOUGLAS delivered the opinion of the Court.

¶1

Florida's vagrancy statute1 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 case is here on a petition for a writ of certiorari which we granted. 403 U.S. 917, 91 S.Ct. 2234, 29 L.Ed.2d 694.

¶2

We have this day decided Papachristou v. City of Jacksonville, 405 U.S. 156, 92 S.Ct. 839, 31 L.Ed.2d 110. We therefore vacate and remand the judgment in the instant case for reconsideration in light of Papachristou.

¶3

So ordered.

¶4

Judgment vacated and case remanded.

¶5

Mr. Justice POWELL and Mr. Justice REHNQUIST took no part in the consideration or decision of this case.

1

Fla.Stat. § 856.02 (1965), F.S.A. See Papachristou v. City of Jacksonville, decided this day, 405 U.S., at 157, 92 S.Ct., at 841 n. 2.

2

§ 856.02.