David v. State, 52339

Decision Date16 July 1976
Docket NumberNo. 1,No. 52339,52339,1
Citation228 S.E.2d 362,139 Ga.App. 335
PartiesL. C. DAVID v. The STATE
CourtGeorgia Court of Appeals

Guy B. Scott, Jr., Athens, for appellant.

Harry N. Gordon, Dist. Atty., B. Thomas Cook, Jr., Asst. Dist. Atty., Athens, for appellee.

CLARK, Judge.

In this appeal from the revocation of defendant's probation, the sole issue is whether the State produced legally sufficient evidence to authorize the court's finding that defendant violated a term of his probation.

The revocation petition alleged that defendant violated Georgia's public indecency statute by the lewd exposure of his sexual organs. (Code § 26-2011(b)). At the hearing, the prosecution's chief witness positively identified defendant as the person who followed her to a sorority house, unzipped his pants, and exposed his penis to her. This testimony was sufficient to satisfy the requirement of 'slight evidence' necessary to support a finding of a probationary violation. Dickerson v. State, 136 Ga.App. 885, 222 S.E.2d 649; Scott v. State, 131 Ga.App. 504, 206 S.E.2d 137.

Judgment affirmed.

BELL, C.J., and STOLZ, J., concur.

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2 cases
  • Johnson v. State
    • United States
    • Georgia Court of Appeals
    • April 5, 1977
    ...in the cases of Dickerson v. State, 136 Ga.App. 885, 222 S.E.2d 649; Scott v. State, 131 Ga.App. 504, 206 S.E.2d 137; David v. State, 139 Ga.App. 335, 228 S.E.2d 362 and Hammond v. State, 139 Ga.App. 365, 228 S.E.2d It is therefore well settled that the procedure for holding a proceeding fo......
  • Hearing v. State, 58473
    • United States
    • Georgia Court of Appeals
    • October 22, 1979
    ...Dickerson v. State, 136 Ga.App. 885, 222 S.E.2d 649 (1975); Scott v. State, 131 Ga.App. 504, 206 S.E.2d 137 (1974); David v. State, 139 Ga.App. 335, 228 S.E.2d 362 (1976); and Hammond v. State, 139 Ga.App. 365, 228 S.E.2d 386 (1976). "Only 'slight evidence' is required to authorize revocati......

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