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Atkinson v. State

61 S.E.2d 212, 82 Ga. App. 414, 1950 Ga. App. LEXIS 1121
CourtCourt of Appeals of Georgia
DecidedSeptember 21, 1950
Docket33199
StatusPublished
Cited by11 cases

This text of 61 S.E.2d 212 (Atkinson v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Atkinson v. State, 61 S.E.2d 212, 82 Ga. App. 414, 1950 Ga. App. LEXIS 1121 (Ga. Ct. App. 1950).

Opinion

*416 Townsend, J.

(After stating the foregoing facts.) Under the provisions of Code § 27-2705, a person placed on probation shall maintain a correct life. Upon his failure to do so, the court may issue a warrant directing his arrest and, after due examination, may revoke the probation if there is any evidence that the conditions of the probation have been violated. As stated in Allen v. State, 78 Ga. App. 526, 528 (51 S. E. 2d, 571): “In determining this question the trial judge is not bound by the same rules of evidence as a jury in passing upon the guilt or innocence of the accused in the first instance. It is not necessary that the evidence support the finding beyond a reasonable doubt or even by a preponderance of the evidence. The judge is the trior of the facts. He has a very wide discretion.”

In such cases this court will interfere only when it is apparent that there has been a manifest abuse of the court’s discretion. See Olsen v. State, 21 Ga. App. 795 (95 S. E. 269).

The evidence as to immorality between the parties is both slight and circumstantial, but it is sufficient, when considered in connection with all the circumstances of the case, to authorize the judge in the exercise of his discretion to revoke the probationary sentence.

Judgment affirmed.

MacIntyre, P.J., and Gardner, J., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
61 S.E.2d 212, 82 Ga. App. 414, 1950 Ga. App. LEXIS 1121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atkinson-v-state-gactapp-1950.