Boston v. State, 47920
| Decision Date | 01 March 1973 |
| Docket Number | No. 47920,No. 3,47920,3 |
| Citation | 128 Ga.App. 576,197 S.E.2d 504 |
| Parties | J. M. BOSTON v. The STATE |
| Court | Georgia Court of Appeals |
J. R. Cullens, Cartersville, for appellant.
David N. Vaughan, Jr., Dist. Atty., Cartersville, for appellee.
Syllabus Opinion by the Court
In this parole revocation case the defendant had been put on twenty years' probation for public drunkenness, aggravated assault, assault with a knife, and robbery by force. One of the conditions of probation was that the defendant 'violate no local, State or Federal laws and be of general good behavior.' Revocation of the probation was sought on the grounds that the defendant had been arrested on September 4, 1972, on charges of cutting another with a knife/drawing a knife.
At the revocation hearing, witnesses for the state offered testimony to the effect that the defendant hit one Larry West in the face with his fist, drew a knife, and chased West into a service station. Witnesses for the defendant offered testimony to the effect that West was the aggressor, that it was West who cut the defendant with a knife, and that the defendant did not have a knife. At the conclusion of the evidence, the trial judge entered an order revoking 1 year and 5 months of the defendant's probation. The defendant appeals. Held:
Code Ann. § 27-2713 () establishes the procedure in cases of this nature. The cases applying this statute are uniform in holding that the quantum of evidence sufficient to justify revocation of probation is less than that necessary to sustain a conviction in the first instance. Harrington v. State, 97 Ga.App. 315, 319, 103 S.E.2d 126. Only slight evidence is required to authorize revocation, Sellers v. State, 107 Ga.App. 516, 518, 130 S.E.2d 790, and where there is even slight evidence of misconduct, the appellate court will not interfere with revocation unless there has been manifest abuse of discretion. Rowland v. State, 124 Ga.App. 494(3), 184 S.E.2d 494; Turner v. State, 119 Ga.App. 117, 166 S.E.2d 582.
In this case, the evidence, while conflicting, is sufficient to show that the defendant violated at least one of the conditions of his probation. The trial judge did not abuse his discretion and his judgment is affirmed.
Judgment affirmed.
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...unless there has been a manifest abuse of that discretion. Raines v. State, 130 Ga.App. 1, 202 S.E.2d 253, supra; Boston v. State, 128 Ga.App. 576, 197 S.E.2d 504; Turner v. State, 119 Ga.App. 117, 166 S.E.2d 582; Sellers v. State, 107 Ga.App. 516, 130 S.E.2d 790, supra. In this case the tr......
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Christy v. State
... ... Rowland v. State, 124 Ga.App. 494(3), 184 S.E.2d 494; Turner v. State, 119 Ga.App. 117, 166 S.E.2d 582.' Boston v. State, 128 Ga.App. 576, 197 S.E.2d ... 504. The evidence in this case is sufficient to show that the trial court did not abuse its discretion ... ...
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...discretion. Rowland v. State, 124 Ga.App. 494(3), 184 S.E.2d 494; Turner v. State, 119 Ga.App. 117, 166 S.E.2d 582." Boston v. State, 128 Ga.App. 576, 197 S.E.2d 504 (1973). Appellant's probation revocation was based upon the uncorroborated testimony of an alleged accomplice. Although such ......
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