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UNITED STATES v. KILGEN

No. 27424.

431 F.2d 627 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Robert H. KILGEN, Jr., and Gary Lee Ansley, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 9, 1970.

Attorney(s) appearing for the Case

Robert L. Parks, Miami, Fla., for defendants-appellants.

William A. Meadows, Jr., U. S. Atty., Lloyd G. Bates, Jr., Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, TUTTLE and MORGAN, Circuit Judges.

TUTTLE, Circuit Judge:

Robert Kilgen, Jr. and Gary Ansley were arrested approximately 1:15 A.M. on October 27, 1968, in West Palm Beach, Florida, for the crime of vagrancy "by wandering about from place to place with no lawful purpose." The city ordinance outlawing such conduct is contained under Section 33.63 of the Ordinances of the City of West Palm Beach, which in turn is similar to a state statute. This ordinance, which, we think appellant aptly, although somewhat...

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