Stevens v. State

Supreme Court of Georgia

Stevens v. State

45 S.E. 615, 118 Ga. 806, 1903 Ga. LEXIS 716

CourtSupreme Court of Georgia

DecidedOctober 30, 1903

StatusPublished

Cited by4 cases

This text of 45 S.E. 615 (Stevens v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stevens v. State, 45 S.E. 615, 118 Ga. 806, 1903 Ga. LEXIS 716 (Ga. 1903).

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Opinion

Candlek, J.

The accused was tried for vagrancy, and convicted, under an accusation brought under the provisions of the act approved August 17, 1903 (Acts 1903, p. 46). The accusation described her as “ a person over sixteen and under twenty-one years of age, who is able to work and who does not work, and who has no property to support herself, and has no visible means of a fair, honest, and reputable livelihood, and whose parents are unable to support her, and who is not in attendence upon an educational institute.” It was incumbent upon the State to prove that the accused came within this description. There was no evidence as to the age of the accused, or that her parents w,ereumable to support her. The conviction was therefore not warranted, and should have been set aside on motion for new trial.

Judgment reversed.

All the Justices concur.

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Candlek, J.

The accused was tried for vagrancy, and convicted, under an accusation brought under the provisions of the act approved August 17, 1903 (Acts 1903, p. 46). The accusation described her as “ a person over sixteen and under twenty-one years of age, who is able to work and who does not work, and who has no property to support herself, and has no visible means of a fair, honest, and reputable livelihood, and whose parents are unable to support her, and who is not in attendence upon an educational institute.” It was incumbent upon the State to prove that the accused came within this description. There was no evidence as to the age of the accused, or that her parents w,ereumable to support her. The conviction was therefore not warranted, and should have been set aside on motion for new trial.

Judgment reversed.

All the Justices concur.

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Bluebook (online)

45 S.E. 615, 118 Ga. 806, 1903 Ga. LEXIS 716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-state-ga-1903.

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