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Harper v. State

Court of Appeals of Georgia
Jan 7, 1974
203 S.E.2d 866 (Ga. Ct. App. 1974)

Opinion

48743.

ARGUED NOVEMBER 8, 1973.

DECIDED JANUARY 7, 1974.

Revocation of probation. Richmond Superior Court. Before Judge Fulcher.

John D. Watkins, for appellant.

Richard E. Allen, District Attorney, Richard L. Powell, for appellee.


"Only slight evidence is required to authorize the revocation of a sentence being served on probation. Waters v. State, 80 Ga. App. 104 ( 55 S.E.2d 76); Allen v. State, 78 Ga. App. 526 ( 51 S.E.2d 571)." Faulkner v. State, 101 Ga. App. 889 ( 115 S.E.2d 393).

"When, after due notice, the trial judge conducts a hearing upon the question of revocation of a probationary sentence, he is not bound by the same degree of evidence as in the first instance, but has a wide discretion. Where there is some evidence to support the judgment revoking such probationary sentence, the judgment will be affirmed by this court." Atkinson v. State, 82 Ga. App. 414 ( 61 S.E.2d 212).

Nor is it necessary to show that the defendant has been charged or convicted of a crime for the acts constituting the violation of probation. Wright v. State, 88 Ga. App. 868 ( 78 S.E.2d 61); Rowland v. State, 124 Ga. App. 495 ( 184 S.E.2d 494); Dickson v. State, 124 Ga. App. 406 ( 184 S.E.2d 37).

The evidence was amply sufficient to authorize the revocation of probation in the present case.

Judgment affirmed. Eberhardt, P. J., and Stolz, J., concur.


ARGUED NOVEMBER 8, 1973 — DECIDED JANUARY 7, 1974.


Summaries of

Harper v. State

Court of Appeals of Georgia
Jan 7, 1974
203 S.E.2d 866 (Ga. Ct. App. 1974)
Case details for

Harper v. State

Case Details

Full title:HARPER v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jan 7, 1974

Citations

203 S.E.2d 866 (Ga. Ct. App. 1974)
203 S.E.2d 866

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