Hammond v. State, 52465
| Decision Date | 16 July 1976 |
| Docket Number | No. 52465,No. 1,52465,1 |
| Citation | 228 S.E.2d 386,139 Ga.App. 365 |
| Court | Georgia Court of Appeals |
| Parties | Larry HAMMOND v. The STATE |
John W. Timmons, Jr., Jack Affleck, Athens, for appellant.
Harry N. Gordon, Dist. Atty., B. Thomas Cook, Jr., Asst. Dist. Atty., Athens, for appellee.
This appeal is from a judgment that defendant had violated the terms of his probation by burglarizing the Athens Pawn Shop. The evidence presented at the revocation hearing showed that the police officer went to the establishment in response to a silent burglar alarm. Upon his arrival, he noticed a hole in the store's wall which had been created by the removal of a large concrete brick. The officer observed a flickering light inside the premises and ordered the intruder out of the store. Defendant then emerged from the hole, surrendered to the officer and was arrested. The owner of the store arrived shortly thereafter and found jewelry and guns missing from the display cases. These items were subsequently located in a large box near the hole in the wall. Burglar tools were also found outside the store near the point of entry. Appellant sought to explain his presence but this was not accepted by the trial court. Held:
1. Only 'slight evidence' is required to support a finding of a violation of the terms of one's probation. Allen v. State, 78 Ga.App. 526, 528, 51 S.E.2d 571; Price v. State, 91 Ga.App. 381(2), 85 S.E.2d 627; Faulkner v. State, 101 Ga.App. 889, 115 S.E.2d 393; Hinton v. State, 127 Ga.App. 853, 195 S.E.2d 472. The State has clearly met the required standard of proof in this case.
2. Defendant urges this court to reconsider its decision in Dickerson v. State, 136 Ga.App. 885, 222 S.E.2d 649 and to adopt the dissenting opinion from that case. In the absence of a contrary ruling from our Supreme Court, we are bound to adhere to the majority's decision in that full-bench case.
Judgment affirmed.
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Johnson v. State
...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 386. It is therefore well settled that the procedure for holding a proceeding for probation revocation is different from that of......
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Hearing v. State, 58473
...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 revocation (Harper v. State, 130 Ga.App. 545, 203 S.E.2d 866), and w......
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Bentley v. State, s. 59077
...court was authorized to revoke defendant's probation. See, e. g., Dickerson v. State, 136 Ga.App. 885, 222 S.E.2d 649; Hammond v. State, 139 Ga.App. 365, 228 S.E.2d 386. 2. Contrary to appellant's contention, the bill of lading (and other business documents) admitted into evidence were show......
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