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STATE v. McCORVEY

No. 38,379.

262 Minn. 361 (1962)

114 N.W. (2d) 703

STATE v. GLORIA SCROGGINS BUNN McCORVEY.

Supreme Court of Minnesota.

April 19, 1962.

Attorney(s) appearing for the Case

Nemerov, Perl, Spector & Hunegs, for appellant.

Walter F. Mondale, Attorney General, Keith M. Stidd, City Attorney, and Paul T. Aitken, Assistant City Attorney, for respondent.

Peter Dorsey and Raymond A. Reister, for Minnesota Branch, American Civil Liberties Union, amicus curiae.

FRANK T. GALLAGHER, JUSTICE.

This is an appeal from a judgment and an order of the municipal court.

The defendant was arrested in Minneapolis about 12:30 a.m. on September 7, 1960, and charged with vagrancy in violation of Minn. St. 614.57, which provides as follows:

"The following persons are vagrants:

* * * * *

"(4) A common prostitute who shall be found wandering about the streets, or loitering in or about any restaurant, lodging...

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