Legal Opinion

Dingler v. State

Court of Appeals of Georgia

Decided March 18, 1960No. 38204PublishedCited by 4 opinions

1Opinion of the Court

Townsend, Judge.

1. In order that the probationary feature of a sentence may be revoked, the defendant must first have notice and opportunity to- be heard. The notice must be sufficient to inform the defendant, not only of the time and place of hearing and the fact that revocation is sought, but of the grounds upon which it is based, and a probation sentence may not be revoked where there is no evidence that the defendant violated its terms in the manner charged in the notice, although there be evidence at the hearing that the defendant violated the -terms of his probation in some other…

2Cases cited3 opinions

  1. Allen v. StateCourt of Appeals of Georgia · 1949
  2. Gay v. StateCourt of Appeals of Georgia · 1960
  3. George v. StateCourt of Appeals of Georgia · 1959

3Cited by4 opinions

  1. Sosbee v. StateCourt of Appeals of Georgia · 1980
  2. Radcliff v. StateCourt of Appeals of Georgia · 1975
  3. Horton v. StateCourt of Appeals of Georgia · 1970
  4. Frederick v. DavisSupreme Court of Georgia · 1973

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