Gainer v. State ( 1907 )

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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