Clay v. State, 54260
| Citation | 238 S.E.2d 724,143 Ga.App. 361 |
| Decision Date | 29 September 1977 |
| Docket Number | No. 54260,No. 3,54260,3 |
| Parties | Jerald D. CLAY v. The STATE |
| Court | Georgia Court of Appeals |
J. Donald Bennett, Rossville, for appellant.
William M. Campbell, Dist. Atty., Ringgold, Bruce Hinshelwood, Asst. Dist. Atty., LaFayette, for appellee.
This appeal is from a revocation of a probated sentence of defendant. Appellant contends that the petition for revocation contained evidence of a prior probation for simple battery; appellant had completed his probation of one year for the offense of simple battery, and that this evidence of a prior probation could have affected the trial court's decision in revoking appellant's probation.
This contention is without merit. The only issue presented is whether the evidence at the hearing was sufficient to warrant the action of the court in revoking the probationary sentence under Code Ann. § 27-2713 ().
This court has repeatedly held that the trial judge is not bound by the same rules of evidence as a jury in passing on the guilt or innocence of the accused in the first instance. The judge is the trier of facts. He has a very wide discretion. Sellers v. State, 107 Ga.App. 516, 518, 130 S.E.2d 790 (1963). Only "slight evidence" is required to authorize revocation, and where there is any evidence supporting the offense charged as a violation of the probation, an appellate court will not interfere with a revocation unless there has been manifest abuse of discretion. Barlow v. State, 140 Ga.App. 667, 231 S.E.2d 561 (1977).
A review of the record shows sufficient evidence to sustain the judgment of the court.
Judgment affirmed.
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Corley v. State, 59541
...Harper v. State, 146 Ga.App. 337, 338, 246 S.E.2d 391. Accord, Johnson v. State, 142 Ga.App. 124, 126, 235 S.E.2d 550; Clay v. State, 143 Ga.App. 361, 238 S.E.2d 724. 2. Constitutional issues first raised on appeal present nothing for our decision. Tenant v. State, 243 Ga. 595, 256 S.E.2d J......
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Smith, In Interest of, 54252
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Hayes v. State, 61132
...and such action may not be overturned without a showing that there has been a manifest abuse of discretion. Clay v. State, 143 Ga.App. 361, 238 S.E.2d 724 (1978)." McCarty v. State, 146 Ga.App. 389(2), 390, 246 S.E.2d 416 (1978). See also Hearing v. State, 151 Ga.App. 895, 262 S.E.2d 207 (1......
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Harper v. State, 55780
...of a probation hearing), the circumstantial evidence was sufficient to warrant the revocation of the probation. See Clay v. State, 143 Ga.App. 361, 238 S.E.2d 724; Patat v. State, 142 Ga.App. 398, 236 S.E.2d 143; Johnson v. State, Judgment affirmed. BELL, C. J., and SHULMAN, J., concur. ...