Moye v. Futch

Duckworth, Chief Justice.

1. While a probation sentence can not be lawfully revoked, under Code § 27-2705, without notice to the probationer and an opportunity for him to be heard on the question of whether or not he has violated its terms (Roberts v. Lowry, 160 Ga. 494, 128 S. E. 746; Plunkett v. Miller, 161 Ga. 466, 131 S. E. 170; Balkcom v. Gunn, 206 Ga. 167, 56 S. E. 2d, 482), yet where, as here, the probationer was given due notice and was present at the time and place for the hearing, the judgment there rendered, revoking the probation, was not rendered void because he was neither…