Robinson v. State

Decision Date22 April 1940
Docket Number28243.
Citation8 S.E.2d 698,62 Ga.App. 539
PartiesROBINSON v. STATE.
CourtGeorgia Court of Appeals

Kelly & Hicks, of Rome, for plaintiff in error.

No appearance for defendant in error.

BROYLES, Chief Judge.

1. "Where a person placed on probation violates any of the rules prescribed by the court for his conduct, the probation officer may, at any time prior to the final disposition of the probationer's case, while in his custody, without warrant, bring him before the court, or the court may issue a warrant directing that he be arrested and brought before it; and the court, after due examination, may revoke its leave to the probationer to serve his sentence outside the confines of the chain gang, jail, or other place of detention. *** The due examination thus provided by the probation law requires that the probationer be given notice and an opportunity to be heard upon the question whether his parole shall be revoked or not." (Italics ours). Roberts v. Lowry, 160 Ga. 494(1, 2), 128 S.E. 746.

2. In the instant case the judge, after hearing the testimony of one witness, and after refusing to allow the witness to be cross-examined, or the probationer to be heard in his own defense, revoked the parole of the probationer. Held, that the probationer was not given the due examination required by the probation law.

Judgment reversed.

MacINTYRE and GUERRY, JJ., concur.

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3 cases
  • State v. Walter
    • United States
    • Arizona Court of Appeals
    • May 28, 1970
    ...'fair treatment.' 1 The courts in three states recognized the probationer's right to cross-examine adverse witnesses. Robinson v. State, 62 Ga.App. 539, 8 S.E.2d 698 (1940); Moye v. Futch, 207 Ga. 52, 60 S.E.2d 137 (1950); People v. Price, 24 Ill.App.2d 364, 376--377, 164 N.E.2d 528, 533 (1......
  • Balkcom v. Gunn
    • United States
    • Georgia Supreme Court
    • November 15, 1949
    ... ...          Without ... notice or hearing the judge revoked the probation features of ... the sentences, and Gunn was placed in the State prison at ... Reidsville ...          To ... Gunn's petition for the writ of habeas corpus the warden ... filed a general demurrer, ... 466, 131 S.E. 170; Williams v. State, 162 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 ... ...
  • Brewer v. State, 63975
    • United States
    • Georgia Court of Appeals
    • April 30, 1982
    ...to who caused the "fighting" from which the court could have determined he had violated the terms of his probation. See Robinson v. State, 62 Ga.App. 539(1), 8 S.E.2d 698. Our examination of the transcript fails to disclose that the trial court denied the defendant (in excepting to the excl......

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