Johnson v. State

Jordan, Justice.

The question presented on this certiorari to the Court of Appeals is whether the principles of collateral estoppel and double jeopardy preclude the use of a crime, for which the probationer has been acquitted by a jury, as a ground for revocation of probation. See Johnson v. State, 142 Ga. App. 124 (235 SE2d 550) (1977).

The petitioner, while serving a four-year sentence imposed on July 16, 1973, was indicted in April, 1976, charging him with the crime of burglary. Subsequent thereto, and prior to the trial, a petition for revocation of the previous probated sentence based on…