Brown v. State

Decision Date23 May 1944
Docket Number30505.
Citation30 S.E.2d 783,71 Ga.App. 303
PartiesBROWN v. STATE.
CourtGeorgia Court of Appeals

Rehearing Denied June 21, 1944.

W. O. Purser, of Alamo, and A. R. Ross, of Eastman, for plaintiff in error.

M. H. Boyer, Sol. Gen., of Hawkinsville, for defendant in error.

Syllabus Opinion by the Court.

BROYLES, Chief Judge.

The present bill of exceptions assigns error on the judgment of Judge Eschol Graham, of the superior court of Telfair County, revoking the probation sentence of Willis Brown, which previously had been imposed upon him. The assignment of error was based solely on the ground that the judgment was contrary to law and the evidence. Upon the hearing, the accused and his counsel were present, evidence was introduced by both parties, and the defendant made a statement to the court.

In our opinion, the evidence authorized the judgment complained of. "Where, after due examination, the court revokes its order to the probationer to serve the remainder of his sentence outside the confines of the chaingang, jail, or other place of detention, this court will not interfere unless a manifest abuse of discretion on the part of the lower court appears." Olsen v. State, 21 Ga.App. 795, 95 S.E. 269.

Judgment affirmed.

MacINTYRE and GARDNER, JJ., concur.

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7 cases
  • Balkcom v. Gunn, 16870.
    • United States
    • Georgia Supreme Court
    • November 15, 1949
    ...Ga. 327 (3), 133 S.E. 843; Smith v. Veach, 165 Ga. 190, 140 S.E. 356; Robinson v. State, 62 Ga. App. 539, 8 S.E.2d 698; Brown v. State, 71 Ga.App. 303, 30 S.E.2d 783. 2. The warden insists that Code, § 27-2705, which was codified from the act of 1913, p. 112, providing for a hearing before ......
  • Alewine v. State, 32611.
    • United States
    • Georgia Court of Appeals
    • July 15, 1949
    ...the part of the lower court appears, this court will not en-terfere. See Olsen v. State, 21 Ga.App. 795, 95 S.E. 269, and Brown v. State, 71 Ga.App. 303, 30 S.E.2d 783, as to this question. This court held in Allen v. State, supra, cited by counsel for the State, in addition to what we have......
  • Alewine v. State
    • United States
    • Georgia Court of Appeals
    • July 15, 1949
    ... ... the one at bar, the judge is the trior of the facts and has a ... very wide discretion and unless a manifest abuse of such ... discretion on the part of the lower court appears, this court ... will not enterfere. See Olsen v. State, 21 Ga.App ... 795, 95 S.E. 269, and Brown v. State, 71 Ga.App ... 303, 30 S.E.2d 783, as to this question. This court held in ... Allen v. State, supra, cited by counsel for the State, in ... addition to what we have heretofore quoted, as follows: ... [54 S.E.2d 510] ... 'To sustain an order revoking a probation, evidence need ... ...
  • Waters v. State, 32646.
    • United States
    • Georgia Court of Appeals
    • October 11, 1949
    ...not be interfered with by this court in the absence of a manifest abuse of discretion on the part of the trial judge. Brown v. State, 71 Ga.App. 303, 30 S.E.2d 783; Olsen v. State, 21 Ga.App. 795, 95 S.E. 269. Judgment affirmed. MacINTYRE, P. J., and GARDNER, J., ...
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