72 So. 592 | Ala. Ct. App. | 1916
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *30 Lucile Robinson was convicted of vagrancy, and she appeals. Affirmed. The defendant was tried before a justice of the peace on a charge of vagrancy as a common prostitute (Code, § 7843, subsec. 9), was convicted and appealed to the law court of Pike county, where a jury trial was waived and trial had before the judge. From the judgment of conviction of the latter court this appeal is prosecuted.
(1) The court's rulings in permitting the state to show that the defendant was visited by persons of lewd reputation, and that she associated with persons of ill repute, were without error. — Toney v. State,
(2) The trial court properly allowed the state's witness to testify to having seen the defendant "loitering" around certain specified places where prostitutes commonly resorted. "Loitering" is a term having a well-recognized meaning in ordinary use, the collective acts constituting which all persons are familiar with. — See 39 Cyc. p. 1110, and 3 Words and Phrases, Second Series, the words "loiter" and "loiterer," p. 182.
Under the principles announced in Toney's Case and Williams'Case, supra, other rulings of the trial court on the admission of evidence were without error.
(3) Conforming to the firmly established and familiar rule that the findings of the primary tribunal on the facts, which had the witnesses before it with an opportunity of observing their manner, demeanor, etc., will not be disturbed on review by an *31
appellate court on the written record unless clearly erroneous (Winter-Loeb Gro. Co. v. Mutual Warehouse Co.,
Affirmed.