Mixon v. State, 26127
| Decision Date | 05 November 1970 |
| Docket Number | No. 26127,26127 |
| Parties | Ray MIXON v. The STATE. |
| Court | Georgia Supreme Court |
Reinhardt, Ireland, Whitley & Sims, Glenn Whitley, Tifton, for appellant.
W. J. Forehand, Dist. Atty., Tifton, for appellee.
Syllabus Opinion by the Court
This appeal is from an order overruling the defendant's motion to quash the indictment, which order was certified for direct review by the trial judge.
Ray Mixon, under an indictment charging him with the offense of criminal trespass in that he did 'knowingly and without authority enter upon the land and premises of Ocilla Oil & Fertilizer Company, a corporation, for the unlawful purpose of burglary, in that the said accused did intend to without authority and with the intent to commit a theft therein, enter within the storehouse and store building of the said Ocilla Oil & Fertilizer Company,' filed his motion to quash on the grounds: Held:
1. The statute is attacked as being in...
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State v. Albers
...(E.D.Mo.1968) (three-judge court), vacated on other grounds, 401 U.S. 988, 91 S.Ct. 1235, 28 L.Ed.2d 527 (1971); see Mixon v. State, 226 Ga. 869, 178 S.E.2d 189 (1970). This interpretation of the words 'unlawful act' in RSA 609-A:1 II (Supp.1972) cures any vagueness which may have inhered i......
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People v. Williams
...382.) Courts in other States have construed similar language as involving violations of criminal laws. (See, e.g., Mixon v. State (1970), 226 Ga. 869, 178 S.E.2d 189; State v. Albers (1973), 113 N.H. 132, 303 A.2d 197; State v. Truby (1947), 211 La. 178, 29 So.2d 758.) These cases held that......
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...§ 16-8-60(b), is inherently vague and renders the statute unconstitutional. We disagree. As this court observed in Mixon v. State, 226 Ga. 869, 870, 178 S.E.2d 189 (1970): "The uncertainty in a statute which will amount to a denial of due process of law is not the difficulty of ascertaining......
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State v. Johnson
...Wash.2d at 805, 809, 479 P.2d 931. Thus, the phrase 'unlawful purpose' has been upheld as not constitutionally vague. Mixon v. State, 226 Ga. 869, 178 S.E.2d 189 (1970); State v. Bulot, 175 La. 21, 142 So. 787 (1932). Indeed, the words 'unlawful act' contained in unlawful assembly statutes ......
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