Raymond SMITH and Melvin McClaim, Petitioners, v. State of FLORIDA.

405 U.S. 172 (92 S.Ct. 848, 31 L.Ed.2d 122)

Raymond SMITH and Melvin McClaim, Petitioners, v. State of FLORIDA.

No. 70-5055.

Argued: Dec. 8, 1971.

Decided: Dec. 8, 1971

Phillip A. Hubbart, Miami, Fla., for petitioners.

Nelson E. Bailey, Tallahassee, Fla., for respondent, pro hac vice, by special leave of Court.

Syllabus

Petitioners' convictions for violation of the Florida vagrancy statute for 'wandering or strolling around from place to place without any lawful purpose or object' are vacated and the case is remanded for reconsideration in light of Papachristou v. City of Jacksonville, 405 U.S. 156, 92 S.Ct. 839, 31 L.Ed.2d 110. Pp. 172-173.

239 So.2d 250, vacated and remanded.

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Mr. Justice DOUGLAS delivered the opinion of the Court.

Florida's vagrancy statute 1 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 Court affirmed, two judges dissenting. 239 So.2d 250. The case is here on a petition for a writ of certiorari which we granted. 403 U.S. 917, 91 S.Ct. 2234, 29 L.Ed.2d 694.

We have this day decided Papachristou v. City of Jacksonville, 405 U.S. 156, 92 S.Ct. 839, 31 L.Ed.2d 110. We therefore vacate and remand the judgment in the instant case for reconsideration in light of Papachristou.

So ordered.

Judgment vacated and case remanded.

Mr. Justice POWELL and Mr. Justice REHNQUIST took no part in the consideration or decision of this case.

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1

Fla.Stat. § 856.02 (1965), F.S.A. See Papachristou v. City of Jacksonville, decided this day, 405 U.S., at 157, 92 S.Ct., at 841 n. 2.

2

§ 856.02.