Reed v. State

Alabama Court of Appeals

Reed v. State

81 So. 138, 16 Ala. App. 646, 1919 Ala. App. LEXIS 3

CourtAlabama Court of Appeals

DecidedFebruary 11, 1919

Docket1 Div. 307.

StatusPublished

Cited by3 cases

This text of 81 So. 138 (Reed v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reed v. State, 81 So. 138, 16 Ala. App. 646, 1919 Ala. App. LEXIS 3 (Ala. Ct. App. 1919).

Pincite

Opinion

BRIGKEN, J.

The defendant was convicted of being a vagrant, under subdivision 3 of *647 section 7843 of the Code 1907, which provides that—

“Any able-bodied person having no property sufficient for his support, who loafs, loiters, or idles in any city, town, or village, or upon a public highway, or about a steamboat landing, or a railroad station, or any other public place in this state, or any place where intoxicating liquor is sold, without any regular employment,” is a vagrant.

On the trial of this case in the circuit court, there was no evidence that the defendant was “an able-hodied person” or that he did not have regular employment.

The Attorney General by brief in this case confesses error in this connection, and concedes that a reversal of the cause should be had.

We are of the opinion that under the authority of Wallace v. State, 75 South. 633, 1 the position taken by the Attorney General is correct, and the judgment of conviction is accordingly reversed, and the cause is remanded.

Reversed and remanded.

1

Ante, p. 85.

Free access — add to your briefcase to read the full text and ask questions with AI