Tidwell v. State

Court of Appeals of Georgia

Tidwell v. State

47 S.E.2d 76, 76 Ga. App. 711, 1948 Ga. App. LEXIS 447

CourtCourt of Appeals of Georgia

DecidedFebruary 26, 1948

Docket31890.

StatusPublished

Cited by2 cases

This text of 47 S.E.2d 76 (Tidwell 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.

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Tidwell v. State, 47 S.E.2d 76, 76 Ga. App. 711, 1948 Ga. App. LEXIS 447 (Ga. Ct. App. 1948).

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Opinion

Townsend, J.

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, 198 Ga. 245 (31 S. E. 2d, 405); Wood v. State, 68 Ga. App. 43 (21 S. E. 2d, 915); Streetman v. State, 70 Ga. App. 192 (27 S. E. 2d, 704); Penny v. Horton, 197 Ga. 824 (30 S. E. 2d, 598); Code, § 27-2705; Williams v. State, 162 Ga. 327 (2) (3) (133 S. E. 843); Shamblin v. Penn, 148 Ga. 592 (2) (97 S. E. 520); Olsen v. State, 21 Ga. App. 795 (95 S.E. 269).

*712 Decided February 26, 1948. Rehearing denied March 29, 1948. W. B. Mitchell, for plaintiff in error. Frank B. Willingham, Solicitor-General, contra.

The judgment of the tria! court revoking the probation of said sentence .is without error.

Judgment affi-rmed.

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

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Townsend, J.

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, 198 Ga. 245 (31 S. E. 2d, 405); Wood v. State, 68 Ga. App. 43 (21 S. E. 2d, 915); Streetman v. State, 70 Ga. App. 192 (27 S. E. 2d, 704); Penny v. Horton, 197 Ga. 824 (30 S. E. 2d, 598); Code, § 27-2705; Williams v. State, 162 Ga. 327 (2) (3) (133 S. E. 843); Shamblin v. Penn, 148 Ga. 592 (2) (97 S. E. 520); Olsen v. State, 21 Ga. App. 795 (95 S.E. 269).

*712 Decided February 26, 1948. Rehearing denied March 29, 1948. W. B. Mitchell, for plaintiff in error. Frank B. Willingham, Solicitor-General, contra.

The judgment of the tria! court revoking the probation of said sentence .is without error.

Judgment affi-rmed.

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

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47 S.E.2d 76, 76 Ga. App. 711, 1948 Ga. App. LEXIS 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tidwell-v-state-gactapp-1948.

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