Turner v. State

Court of Appeals of Georgia

Turner v. State

36 S.E.2d 200, 73 Ga. App. 330, 1945 Ga. App. LEXIS 460

CourtCourt of Appeals of Georgia

DecidedDecember 5, 1945

Docket31095.

StatusPublished

Cited by1 cases

This text of 36 S.E.2d 200 (Turner 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

Turner v. State, 36 S.E.2d 200, 73 Ga. App. 330, 1945 Ga. App. LEXIS 460 (Ga. Ct. App. 1945).

Pincite

Opinion

Gardner, J.

At the April Term, 1945, of the Superior Court of Bartow

County, the defendant pleaded guilty to an indictment charging him with illegally possessing more than one quart of whisky in said county in which liquor could not be legally sold under the laws of Georgia. The court sentenced the defendant to pay within three days a fine of $100 to include costs and in addition, to serve six months in jail and to serve twelve months on the public works, but that the jail sentence and the service on the public works could be served outside said penal institution during good behavior and conditioned upon the defendant not violating any laws of this State. Thereafter on the 6th day of September, 1945, the defendant was arrested by a policeman of the City of Cartersville for violating the tax revenue laws of Georgia. A hearing was had, with due notice to the accused, of the alleged violation of his probation sentence. On the hearing the evidence amply authorized the judge to revoke the probation sentence of the defendant and to require him to serve the remainder of his sentence within the public institutions in accordance with his original sentence. The defendant paid the fine originally imposed upon him and obligated himself to comply with the other provisions of the sentence. This he did not do. The court was authorized to revoke his probation sentence and require that he serve the remainder of it in accordance with the terms of the original sentence.

Judgment affirmed.

Broyles, G. J., and MacIntyre, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Gardner, J.

At the April Term, 1945, of the Superior Court of Bartow

County, the defendant pleaded guilty to an indictment charging him with illegally possessing more than one quart of whisky in said county in which liquor could not be legally sold under the laws of Georgia. The court sentenced the defendant to pay within three days a fine of $100 to include costs and in addition, to serve six months in jail and to serve twelve months on the public works, but that the jail sentence and the service on the public works could be served outside said penal institution during good behavior and conditioned upon the defendant not violating any laws of this State. Thereafter on the 6th day of September, 1945, the defendant was arrested by a policeman of the City of Cartersville for violating the tax revenue laws of Georgia. A hearing was had, with due notice to the accused, of the alleged violation of his probation sentence. On the hearing the evidence amply authorized the judge to revoke the probation sentence of the defendant and to require him to serve the remainder of his sentence within the public institutions in accordance with his original sentence. The defendant paid the fine originally imposed upon him and obligated himself to comply with the other provisions of the sentence. This he did not do. The court was authorized to revoke his probation sentence and require that he serve the remainder of it in accordance with the terms of the original sentence.

Judgment affirmed.

Broyles, G. J., and MacIntyre, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

36 S.E.2d 200, 73 Ga. App. 330, 1945 Ga. App. LEXIS 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-state-gactapp-1945.

Opinion

Related

Cite This Page — Counsel Stack