Opinion
No. 9641.
October 26, 1940.
Appeal from the District Court of the United States for the Northern District of Georgia; E. Marvin Underwood, Judge.
Proceeding by Harry Sweet against Joseph W. Sanford, Warden, United States Penitentiary, Atlanta, Georgia. From an adverse judgment, Harry Sweet appeals in forma pauperis.
Affirmed.
Harry Sweet, in pro. per., for appellant.
Lawrence S. Camp, U.S. Atty., and Harvey H. Tisinger and John J. Flynt, Jr., Asst. U.S. Attys., all of Atlanta, Ga., for appellee.
Before SIBLEY, HOLMES, and McCORD, Circuit Judges.
In sentencing on separate counts charging distinct crimes imprisonment may be adjudged on one and probation on the other. Misconduct during probation is ground for its revocation by the court which granted it, whether or not the same judge who granted probation is holding court when the question of revocation is decided. A different judge can revoke it.
Judgment affirmed.