Tidwell v. State
Tidwell v. State
Opinion of the Court
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).
The judgment of the tria! court revoking the probation of said sentence .is without error.
Judgment affi-rmed.
Reference
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- Tidwell v. the State
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