Poss v. State
| Citation | 114 Ga.App. 609,152 S.E.2d 695 |
| Decision Date | 14 November 1966 |
| Docket Number | No. 42388,No. 2,42388,2 |
| Parties | W. T. POSS v. The STATE |
| Court | United States Court of Appeals (Georgia) |
Syllabus by the Court
The judgment of the trial court revoking the defendant's probation and ordering him to serve eight years in the penitentiary was not error for any reason assigned.
On December 4, 1957, W. T. Poss, after entering a plea of guilty to an indictment charging him with robbery by force and violence, was sentenced to a prison term of twenty years, 'three years to be served in said penitentiary and seventeen years to be served out of said penitentiary during the good behavior of said defendant.' On April 1, 1966, W. T. Poss was served with a rule nisi to show cause why such probation should not be revoked after a petition was filed by the Chief Circuit Probation Officer which charged the defendant with violating the terms of the sentence of December 4, 1957, by having failed to maintain good behavior by violating described laws of the State of Georgia. On April 6, 1966, at such hearing evidence was introduced showing that the defendant was convicted of burglary in 1962.
The defendant testified that at the time he received the 1957 sentence the court said: 'I'm giving you twenty years with three years to serve and the balance to be served outside the penitentiary on good behavior.' Thereafter, the trial court revoked the probation ordering the defendant to serve eight years in the penitentiary. From this judgment the defendant appealed.
Hester & Hester, Atlanta, for appellant.
Albert B. Wallace, Sol. Gen., Charles J. Driebe, Jonesboro, for appellee.
The defendant makes two contentions as to why the judgment ordering him to serve eight years in the penitentiary should be reversed: (1) He was not notified by the Circuit Probation Officer of the terms of his probation, and (2) the original sentence did not impose any condition of conduct upon the defendant.
Assuming that the defendant was not informed as to the terms of his sentence and what was required of him 'by the Circuit Probation Officer' nevertheless he was admittedly so informed by the superior court judge at the time he was originally sentenced. Section 9 of the Act of 1956 (Ga.L.1956, pp. 27, 32, Code Ann. § 27-2710), which requires the circuit probation officers to give the probationers a certified copy of the sentence is to insure that each probationer is familiar with the terms of his sentence. Therefore,...
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Lee v. State, 46281
...if there was competent evidence to support the finding of possession. Tidwell v. State, 76 Ga.App. 711, 47 S.E.2d 76; Poss v. State, 114 Ga.App. 609, 152 S.E.2d 695. Defendant's house was searched under a warrant by police officers who found quantities of narcotics and marijuana. The sole i......
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