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Smith v. Florida

405 U.S. 172, 92 S. Ct. 848, 31 L. Ed. 2d 122, 1972 U.S. LEXIS 85
CourtSupreme Court of the United States
DecidedFebruary 24, 1972
Docket70-5055
StatusPublished
Cited by14 cases

This text of 405 U.S. 172 (Smith v. Florida) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Florida, 405 U.S. 172, 92 S. Ct. 848, 31 L. Ed. 2d 122, 1972 U.S. LEXIS 85 (1972).

Opinion

Mr. Justice Douglas

delivered the opinion of the Court.

Florida’s vagrancy statute 1 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 *173 case is here on a petition for a writ of certiorari which we granted. 403 U. S. 917.

We have this day decided Papachristou v. City of Jacksonville, ante, p. 156. We therefore vacate and remand the judgment in the instant case for reconsideration in light of Papachristou.

So ordered.

Mr. Justice Powell and Mr. Justice Rehnquist took no part in the consideration or decision of this case.

1

Fla. Stat. §856.02 (1965). See Papachristou v. City of Jacksonville, decided this day, ante, at 157 n. 2.

2

§ 856.02.

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Bluebook (online)
405 U.S. 172, 92 S. Ct. 848, 31 L. Ed. 2d 122, 1972 U.S. LEXIS 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-florida-scotus-1972.