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Call Now: 904-383-7448Any 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.
(Ga. L. 1897, p. 116, §§ 1, 2; Penal Code 1910, § 717; Code 1933, § 18-9912.)
- 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).
- 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 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).
- 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).
- 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).
No results found for Georgia Code 46-8-381.