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SMITH v. FLORIDA

No. 70-5055.

405 U.S. 172 (1972)

SMITH ET AL. v. FLORIDA.

Supreme Court of United States.

Decided February 24, 1972.

Attorney(s) appearing for the Case

Phillip A. Hubbart argued the cause and filed briefs for petitioners.

Nelson E. Bailey, Assistant Attorney General of Florida, argued the cause for respondent pro hac vice. With him on the brief was Robert L. Shevin, Attorney General.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Florida's vagrancy statute1 includes in the term "vagrants," who can be criminally charged and convicted, "persons wandering or strolling around from place to place without any lawful purpose or object."2 The defendants were so charged and pleaded not guilty, waived trial by jury, and were tried by a judge, who denied a motion to dismiss. The Florida Supreme...

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