Dixon v. State
Dixon v. State
Opinion of the Court
This defendant, serving a probated sentence for the offense of aiding an escape, was indicted, tried and convicted for the offense of murder. As in Johnson v. State, 240 Ga. 526 (242 SE2d 53) (1978) a complaint for revocation of probation based on a subsequent felony, as well as other lesser charges, was filed and it was stipulated that the evidence produced on. the trial of the subsequent indictment would constitute the evidence to be used on the revocation hearing.
In the Johnson case the defendant was acquitted on the trial of the subsequent indictment, but the evidence on that trial was nevertheless held by the Supreme Court sufficient to sustain the trial court’s revocation of probation judgment on the ground that the quantum of evidence necessary for the criminal trial (persuasion beyond a reasonable doubt) "is not necessary to justify the revocation of a sentence of probation.” Id., p. 527.
In the present case the defendant was convicted of murder, and the brief of evidence in that case which is
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.