
    480.
    GAINER v. THE STATE.
    Accusation of vagrancy, from city court of Douglas — Judge .Eoan. May 3, 1907.
    Submitted May 27,
    Decided May 28, 1907.
    
      Rogers & Heath, F. Willis Dart, for plaintiff in error.
    
      M, D. Dickerson, solicitor, contra.
   Russell, J.

1. The fact that a party is black and ragged, and asleep at night, and has not worked for four days, although he may have no money, will not of itself authorize a conviction for vagrancy.

. 2. Where a person has been arrested without a warrant, evidence, obtained by unlawful search and seizure, that such person has no money, should be rejected.

■ ■3. The evidence did not authorize the conviction, which consequently was contrary to ‘law. Judgment reversed.  