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FONTE v. STATE

373 S.W.2d 445 (1963)

John L. FONTE v. STATE of Tennessee.

Supreme Court of Tennessee.

December 5, 1963.

Attorney(s) appearing for the Case

David E. Caywood, Memphis, of counsel, Burch, Porter & Johnson, Memphis, for plaintiff in error.

George F. McCanless, Atty. Gen., Edgar P. Calhoun, Asst. Atty. Gen., for the State.

BURNETT, Chief Justice.

The defendant was indicted and convicted for violation of the first Section of the Tennessee Vagrancy Act, § 39-4701, T.C.A., which provides that:

"It shall be a misdemeanor for any person having no apparent means of subsistence to neglect to apply himself to some honest calling; * * *."

He was sentenced to ninety (90) days in the Shelby County Penal Farm, and from this conviction and sentence, he has seasonably appealed...

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