Blaylock v. State
| Decision Date | 15 October 1953 |
| Docket Number | No. 34874,No. 2,34874,2 |
| Parties | BLAYLOCK v. STATE |
| Court | Georgia Court of Appeals |
C. H. Dalton, Dalton, for plaintiff in error.
Erwin Mitchell, Sol. Gen., Dalton, for defendant in error.
Syllabus Opinion by the Court.
1. A defendant who has been sentenced and the sentence probated under order of the court must fulfill the conditions of such probation stated in Code § 27-2705, that he 'observe all rules prescribed for his conduct by the court, report to the probation officer as directed, and maintain a correct life.' Where the defendant fails to observe these conditions (including the mandate in the probated sentence that he not violate any law of this State), the probationary feature of the sentence may, after due examination, be revoked.
2. Atkinson v. State, 82 Ga.App. 414, 61 S.E.2d 212, 213.
3. The husband is recognized as head of the house, and, where the spouses reside together, there is a legal, rebuttable presumption that illegal liquor which was poured into the kitchen sink at the time of the arrival of the officers, and which was caught by the officers as it came down the open drain on the outside, was the property of the husband; and this is true even though it might have been the wife rather than the husband who actually poured out the liquor. Baggett v. State, 76 Ga.App. 873, 47 S.E.2d 592; Barron v. State, 46 Ga.App. 829, 169 S.E. 323.
4. Evidence that, while serving his probated sentence, the defendant possessed non-tax-paid liquor in his home, plus the testimony of two witnesses that the defendant sold non-tax-paid liquor to them during such time, was sufficient to authorize a finding that such defendant had not maintained a correct life, but had violated the laws of this State, and the revocation of the probation was authorized.
5. The hearing on the application for the revocation of probation has no relation to the separate indictments charging the same criminal conduct as that upon which the probation sentence is sought to be revoked. Accordingly, the contention of the defendant, as set forth in his response to the effect that the grand...
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Dickerson v. State
...indictments charging the same criminal conduct as that upon which the probation sentence is sought to be revoked.' Blaylock v. State, 88 Ga.App. 880(50), 78 S.E.2d 537; Bryant v. State, 89 Ga.App. 891, 81 S.E.2d 556. The question here is whether the recent expansion of due process rights af......
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State v. Robinson
...U. S., 5 Cir., 161 F.2d 827; Slayton v. Com., 185 Va. 357, 38 S.E.2d 479; Murphy v. Lawhon, 213 Miss. 513, 57 So.2d 154; Blaylock v. State, 88 Ga.App. 880, 78 S.E.2d 537; Bryant v. State, 89 Ga. App. 891, 81 S.E.2d 556; People v. Kuduk, 320 Ill.App. 610, 51 N.E.2d 997, 1000; People v. Londo......
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Raines v. State
...satisfy the trial judge in the exercise of his sound discretion that defendant has violated the terms of his probation. Blaylock v. State, 88 Ga.App. 880, 78 S.E.2d 537. Evidence that would establish guilt beyond a reasonable doubt is not required. Atkinson v. State, 82 Ga.App. 414, 61 S.E.......
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Cooper v. State
...a very wide discretion. Atkinson v. State, 82 Ga.App. 414, 61 S.E.2d 212; Allen v. State, 78 Ga.App. 526, 51 S.E.2d 571; Blaylock v. State, 88 Ga.App. 880, 78 S.E.2d 537; Lankford v. State, 112 Ga.App. 204, 144 S.E.2d The defendant himself gave testimony at the hearing which clearly showed ......