Gainer v. State

Court of Appeals of Georgia

Gainer v. State

58 S.E. 295, 2 Ga. App. 126, 1907 Ga. App. LEXIS 293

CourtCourt of Appeals of Georgia

DecidedMay 28, 1907

Docket480

StatusPublished

Cited by1 cases

This text of 58 S.E. 295 (Gainer v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gainer v. State, 58 S.E. 295, 2 Ga. App. 126, 1907 Ga. App. LEXIS 293 (Ga. Ct. App. 1907).

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Opinion

Russell, J.

1. 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. 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. The evidence did not authorize the conviction, which consequently was contrary to ‘law. Judgment reversed.

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Russell, J.

1. 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. 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. The evidence did not authorize the conviction, which consequently was contrary to ‘law. Judgment reversed.

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Bluebook (online)

58 S.E. 295, 2 Ga. App. 126, 1907 Ga. App. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gainer-v-state-gactapp-1907.

Opinion

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