Georgia Court of Appeals, 1940

Robinson v. State

Robinson v. State
Georgia Court of Appeals · Decided April 22, 1940 · Broyles, Guerry
8 S.E.2d 698; 62 Ga. App. 539; 1940 Ga. App. LEXIS 340 (South Eastern Reporter, Second Series)

Robinson v. State

Opinion of the Court

Broyles, C. J.

1. “Where a person placed on probation violates any of the rules prescribed by the court for his conduct, the probation officer may, at any time prior to the final disposition of the probationer’s case, while in his custody, without warrant, bring him before the court, or the court may issue a warrant directing that he be arrested and brought before it; and the court, after due examination, may revoke its leave to the probationer to serve his sentence outside the confines of the chain-gang, jail, or other place of detention. . . The due examination thus provided by the probation'law requires that the probationer be given notice and an opportunity to he heard upon the question whether *540 his parole shall be revoked or not.” (Italics ours.) Roberts v. Lowry, 160 Ga. 494 (128 S. E. 746).

Decided April 22, 1940. Kelly •& Hides, for plaintiff in error.

2. In the instant case the judge, alter hearing the testimony of one witness, and after refusing to allow the witness to be cross-examined, or the probationer to be heard in his own defense, revoked the parole of the probationer. Held, that the probationer was not given the due examination required by the probation law.

Judgment reversed.

MacIntyre cmd Guerry, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.