State v. Shawyer

Calhoun, Judge:

This case is before the Court upon a writ of error to the final judgment of the Circuit Court of Berkeley County entered on September 3, 1968, by which order the court revoked the probation of John Wayne Shawyer, hereinafter in this opinion referred to as the defendant, and remanded him to the state penitentiary to resume the serving of a sentence for an indeterminate period of one to ten years.

The material facts are undisputed. The principal question presented for decision is whether the circuit court had jurisdiction to revoke the defendant’s probation after the three-year…