Tldwell v. State, 31890.

• Decision Date: 26 February 1948
• Docket Number: No. 31890.,31890.
• Parties: TlDWELL. v. STATE.
• Court: Georgia Court of Appeals

47 S.E.2d 76

TlDWELL.

v.STATE.

No. 31890.

Court of Appeals of Georgia, Division No. 2.

Feb. 26, 1948.

Rehearing Denied March 29, 1948.

Error from Superior Court, Monroe County; Harvey J. Kennedy, Judge.

Austin Tidwell was convicted of drunken driving, and he brings error.

Judgment affirmed.

At the August term, 1947, of the Monroe Superior Court, Austin Tidwell entered a plea of guilty to an indictment charging him with driving a car under the influence of liquor and was sentenced to serve six months on the public works camp and a fine of $100.

Upon the payment of the fine the sentence to the public works camp was to be probated during good behavior, and his driver's license to be suspended for 60 days. This sentence was imposed on the 8th day of August, 1947.

On the 21st day of November, 1947, troopers, King and Lowry, made a charge and a warrant was issued against said defendant charging him with the offense of driving a car under the influence of liquor.

A hearing to revoke the balance of his sentence was held on the 24th day of November 1947, and the following evidence was produced: Austin Tidwell was driving an automobile on a public highway in Mon roe County, Ga. being Juliette Rd., while under the influence of intoxicating liquor and was involved in an accident on the wrong side of the road. He was released to Deputy Sheriff G. F. Gungan of Monroe County by Patrolmen King and Lowry. The time being 8:15 p.m., November 21, 1947. The weather was cloudy at the time.

After hearing said evidence the presiding judge passed an order that the probation sentence be revoked and that the defendant be taken into custody to serve the remainder of said sentence. On this judgment error is assigned.

W. B. Mitchell, of Forsyth, for plaintiff in error.

Frank B. Willingham, Sol. Gen., of Forsyth, for defendant in error.

Syllabus Opinion by the Court.

TOWNSEND, Judge.

Where a defendant is sentenced to pay a fine and serve six months on the public works camp, but upon the payment of his fine, his penal term is probated during good behavior, and during the time of the probation sentence he is, after a hearing, found to have committed exactly the same crime for which he is serving the probation sentence, this is such a violation of the good behavior clause as to authorize the judge of the superior court to revoke the unexpired portion of the probation sentence and order the defendant to serve the remainder of the sentence in the public works camp. See Mincey v. Crow,...