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, ante, p.
405 U. S. 156. Pp.
405 U. S.
172-173.
239 So. 2d 250
vacated and remanded.
DOUGLAS, J., delivered the opinion of the Court, in which all
Justices joined, except POWELL and REHNQUIST, JJ., who took no part
in the consideration or decision of the case.
MR. JUSTICE DOUGLAS delivered the opinion of the Court.
Florida's vagrancy statute [
Footnote 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."
[
Footnote 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
Page 405 U. S. 173
case is here on a petition for a writ of certiorari which we
granted. 403 U.S. 917.
We have this day decided
Papachristou v. City of
Jacksonville, ante, p.
405 U. S. 156. We
therefore vacate and remand the judgment in the instant case for
reconsideration in light of
Papachristou.
So ordered.
MR. JUSTICE POWELL and MR. JUSTICE REHNQUIST took no part in the
consideration or decision of this case.
[
Footnote 1]
Fla.Stat. § 856.02 (1965).
See Papachristou v. City of
Jacksonville, decided this day,
ante at
405 U. S. 157
n. 2.
[
Footnote 2]
§ 856.02.