Atkinson v. State, 33199
| Decision Date | 21 September 1950 |
| Docket Number | No. 2,No. 33199,33199,2 |
| Citation | 61 S.E.2d 212,82 Ga.App. 414 |
| Parties | ATKINSON v. STATE |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
When, after due notice, the trial court 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.
J. C. Atkinson, on February 7, 1950, entered a plea of guilty in the City Court of Eastman to an accusation charging him with public drunkenness. He was sentenced to serve 12 months in a public works camp, said sentence to be served on probation upon payment of a $100.00 fine and conditioned upon his leading a correct life and violation no law during the period of said sentence. On May 26, 1950, a hearing in the nature of a proceeding to revoke the probation sentence was had before the Judge of the City Court of Eastman, the defendant having waived notice of petition and rule nisi. An officer of the State Highway Patrol testified that he and a deputy sheriff of Dodge County went to Augusta, Georgia, for the purpose of returning the defendant and his codefendant, Mrs. Gerald Moore, also serving a probation sentence, to the City Court of Eastman; that they entered Mrs. Moore's apartment and found a double bed which appeared to have been slept in by two people; that from the kitchen it appeared that three people had eaten a meal there; that Mrs. Moore had a small daughter; that the defendant's shotgun and pants were in Mrs. Moore's apartment, and that she asked the defendant, on being arrested, what they should do about the groceries, to which he replied, 'Honey, we will just leave them.' Photographs of the defendant and Mrs. Moore taken together before their conviction were introduced in evidence. Both parties were married and the families of each lived in Eastman, Georgia. Both parties had lived in Eastman prior to their conviction. They testified to the effect that they were occupying separate apartments on the same floor of a two-story apartment house in Augusta, and denied that they were living together. The defendant denied that he had broken any condition of his probation. After hearing the evidence, the trial court revoked the probation sentence, and this judgment is assigned as error.
A. Russell Ross, Eastman, for plaintiff in error.
D. D....
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