Davison v. State

Full title: DAVISON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Sep 22, 1976

229 S.E.2d 267 (Ga. Ct. App. 1976)

229 S.E.2d 267

Opinion

52659.

SUBMITTED SEPTEMBER 14, 1976.

DECIDED SEPTEMBER 22, 1976.

Probation revocation. Bibb Superior Court. Before Judge Culpepper.

Charles M. Leverett, for appellant.

Fred M. Hasty, District Attorney, W. Donald Thompson, Walker P. Johnson, Jr., Assistant District Attorneys, for appellee.

WEBB, Judge.

Charlie Davison appeals from the revocation of his probation. Two of the grounds alleged were that he committed burglary and associated with a known criminal. The evidence showed that he was apprehended in an automobile containing items stolen from St. Luke Baptist Church. He was in the east parking lot of the church some thirty feet from a broken window. A convicted criminal, also on probation, was with him.

This evidence was sufficient to satisfy the "slight evidence" test, which still prevails. Dickerson v. State, 136 Ga. App. 885 ( 222 S.E.2d 649) (1975); Widner v. State, 137 Ga. App. 244 ( 223 S.E.2d 278) (1976).

Judgment affirmed. Deen, P. J., and Quillian, J., concur.

WEBB, Judge.

SUBMITTED SEPTEMBER 14, 1976 — DECIDED SEPTEMBER 22, 1976.