Sparks v. State, 31945.
| Decision Date | 29 April 1948 |
| Docket Number | No. 31945.,31945. |
| Citation | 47 S.E.2d 678 |
| Parties | SPARKS. v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
Where the defendant is serving a probation sentence and he, as probationer, is brought before the court during the probation period on the charge that he has been delinquent in observing the rules prescribed by the court for his conduct, and where after due examination the court revokes its leave to the probationer to serve the remainder of his sentence outside the confines of the public works camp, jail, or other place of detention, this court will not interfere unless a manifest abuse of discretion on the part of the lower court appears. No abuse of the court's discretion appears in the instant case.
Error from Superior Court, Bartow County; J. H. Paschall, Judge.
Lud Sparks was convicted of possessing intoxicating liquor on which no tax had been paid and was ordered to serve twelve months in the public works camp, but was placed on probation. To review a judgment revoking the probation, the defendant brings error.
Judgment affirmed.
C. C. Pittman, of Cartersville, for plaintiff in error.
Warren Akin, Sol. Gen., of Cartersville, for defendant in error.
Plaintiff in error was indicted at the July Term, 1947, of the Bartow Superior Court for the offense of possessing intoxicating liquor upon which no tax had been paid. He plead guilty on October 3, 1947, and was sentenced to pay a fine of $150.00 and all cost of prosecution and was ordered to serve 12 months in the public works camp, but was allowed to serve said sentence outside that penal institution during good behavior and conditioned upon his violating no law of this state. He was given a six months' sentence in default of payment of the fine. The fine was paid and the probation sentence began to run on October 3, 1947.
On December 16, 1947, by petition plaintiff in error was brought before the Honorable J. H. Paschall, Judge of the Superior Court of said circuit, and after a hearing duly had as provided in Code of 1933, § 27-2705, the court, after hearing the evidence for both the State and the defendant, ordered that the probation be revoked on the ground, as alleged in the petition in said hearing, that the defendant had failed to comply with the terms and conditions prescribed for him in the probation sentence by possessing, during theprobation period, whiskey on which the state tax had not been paid.
In a hearing of this character a violation of the conditions of probation must be established with such reasonable certainty as...
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Sellers v. State
...mean that the probationer can be made the victim of whim or caprice. Williams v. State, 162 Ga. 327, 328, 133 S.E. 843; Sparks v. State, 77 Ga.App. 22, 24, 47 S.E.2d 678; Burns v. United States, 287 U.S. 216, 223, 53 S.Ct. 154, 77 L.Ed. 266, supra. Our statutes (Code Ann. § 27-2713 and form......
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...the violation. It does not have to be established beyond a reasonable doubt.'" (quoting and adopting language from Sparks v. State, 47 S.E.2d 678, 680 (Ga. Ct. App. 1948))). {15} Our Court of Appeals has previously applied several of the Morrissey due process factors. See, e.g., State v. Or......