Johnson v. State

For two reasons I must dissent. First, I agree with the dissent in Dickerson v. State, 136 Ga. App. 885 (222 SE2d 649). See the addendum to Jackson v. State, 140 Ga. App. 659 (231 SE2d 554). Second, the peculiar facts of this case set it apart from the usual "run of the mill” probation revocation hearings.

Johnson, while serving a four year probation sentence imposed on July 16, 1973, was tried on a burglary indictment before a jury on June 28, 1976; he was found "not guilty.” Prior to the trial, on April 13, 1976, a petition for revocation of Johnson’s probation had *129been filed. No action was…