Hallmark v. State

30 S.E.2d 116, 71 Ga. App. 56, 1944 Ga. App. LEXIS 277

Opinion

Broyles, O. J.

The defendant was convicted in the city court of .Columbus of the offense of vagrancy. Her motion for a new trial, based upon the general grounds, was overruled and she excepted to that judgment. Upon the trial an unimpeaehed witness testified that the accused was married to a soldier, and that she received $50 each month from the Government. The same witness testified that the defendant kept house for her and was paid $3.50 a week and her board, and that the defendant was also paid $2.50 a week by Mr. Elliot Gibbens for cleaning his house. Elliot Gibbens, an unimpeached witness, testified that he paid the defendant $5 every two weeks for cleaning his house. The foregoing evidence was uncontradicted. While the evidence for the State authorized a finding that the accused was a woman of bad character, her conviction for vagrancy was contrary to law and the evidence.

Judgment reversed.

MacIntyre and Gardner, JJ., concur.