
    1125.
    Miller v. State.
    Accusation of vagrancy, from city court of Ashbum — Judge Hawkins. April 4, 1908.
    Submitted May 5,
    Decided May 18, 1908.
    
      R. L. Tipton, for plaintiff in error.
    
      J. A. Comer, solicitor, contra.
   Russell, J.

This case is controlled by the decision of this court in Jacobs v. State, 1 Ga. App. 519 (1), (57 S. E. 1063). A conviction for vagrancy is unauthorized where testimony that at certain times the defendant was seen not to work is opposed by positive and unimpeached testimony that he worked, especially where the evidence for the State wholly fails to show that he did not have visible means of support.

Judgment reversed.  