Moore v. State

Deen, Chief Judge.

1. While the quantum of evidence necessary to support a probation revocation on appeal is merely that there be some legal evidence to support th‘e. finding, where no such evidence exists the decision must be reversed. McGuire v. State, 136 Ga. App. 271 (220 SE2d 769) (1975).

2. The defendant was found either asleep or passed out in his automobile parked on the premises of friends who testified they had invited him to spend the night, but had themselves gone to sleep before he arrived. He was arrested for public drunkenness, a misdemeanor under Code § 26-2607. Public…