O.C.G.A.
O.C.G.A.

O.C.G.A. § 46-8-381 (2019)

Hiding on train for purpose of stealing a ride

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Any person who rides or attempts to ride on a railroad train of any character and conceals himself from the conductor or train authorities by hiding under the train, or on top of the train, or in box cars, on tenders, or elsewhere, for the purpose of avoiding the payment of fare or of stealing a ride thereon, shall be guilty of a misdemeanor.

History

(Ga. L. 1897, p. 116, §§ 1, 2; Penal Code 1910, § 717; Code 1933, § 18-9912.)

Annotations

JUDICIAL DECISIONS

Constitutionality. - Ga. L. 1897, p. 116, §§ 1 and 2 (see O.C.G.A. § 46-8-381) was constitutional. Pressley v. State, 118 Ga. 315, 45 S.E. 395 (1903).

Nature of offense. - The gist of the offense punished by former Penal Code 1910, § 717 (see O.C.G.A. § 46-8-381) was the fraudulent concealing of oneself by a person in a car of a railroad company for the purpose of stealing a ride and to escape payment of fare therefor. Dixon v. State, 27 Ga. App. 228, 107 S.E. 777 (1921).

Hoboes as such are law violators. Atlantic Coast Line R.R. v. Godard, 93 Ga. App. 671, 92 S.E.2d 626 (1956).

No violation found. - No violation occurs where car belongs to circus of which accused is employee. Dixon v. State, 27 Ga. App. 228, 107 S.E. 777 (1921).

No violation occurs where one openly enters and remains in a car. Mack v. State, 119 Ga. 352, 46 S.E. 437 (1904).

Ejectment not a defense. - Subsequent ejectment after openly entering and remaining in a car is no defense. Mack v. State, 119 Ga. 352, 46 S.E. 437 (1904).

Intoxication is not a defense where person conceals oneself after ordered to leave train. Brazzell v. State, 119 Ga. 559, 46 S.E. 837 (1904).

Arresting train officer not liable in damages. - Train officer arresting person under circumstances indicating intention to steal not liable in damages. Summers v. Southern Ry., 118 Ga. 174, 45 S.E. 27 (1903).