HENSON v. STATE

8 Div. 814.

141 So.2d 534 (1962)

Rosemary HENSON v. STATE.

Court of Appeals of Alabama.

Rehearing Granted May 15, 1962.


Attorney(s) appearing for the Case

Lusk & Lusk, Guntersville, for appellant.

MacDonald Gallion, Atty. Gen., and John C. Tyson, III, Asst. Atty. Gen., for the State.


PRICE, Judge.

The original opinion in this case is hereby withdrawn and the following is substituted therefor as the opinion of the court.

The appeal is from a judgment of conviction for the offense of vagrancy. The state relied for a conviction on the theory that the appellant was a common drunkard, Title 14, Section 437, subsection 5, Code 1940.

The evidence for the state was presented by two deputy sheriffs of Marshall County. One of the officers...

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