CANTRELL v. FOLSOM

Civ. No. 71-333.

332 F.Supp. 767 (1971)

Sharon CANTRELL, Harold Branham, Petitioners, v. Oscar FOLSOM, as Chief of Police, Daytona Beach, Florida, Respondent.

United States District Court, M. D. Florida, Jacksonville Division.

July 29, 1971.


Attorney(s) appearing for the Case

Thomas A. Goldsmith, Daytona Beach, Fla., Morris W. Milton, Volusia County Legal Services, Daytona Beach, Fla., for petitioners.

Noah C. McKinnon, Jr., Coble, Stewart & McKinnon, Daytona Beach, Fla., for respondent.


ORDER

CHARLES R. SCOTT, District Judge.

On May 10, 1971, petitioners submitted their petitions for writs of habeas corpus attacking their convictions and detention as unlawful due to the unconstitutionality of the vagrancy ordinance under which they were arrested alleging it to be so vague, indefinite and overbroad as to constitute a denial of due process.

The particular ordinance in question reads: "It shall be unlawful for any person to commit...

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