232 Ga. 668 (1974)

208 S.E.2d 472


Supreme Court of Georgia.

Decided September 4, 1974.

Attorney(s) appearing for the Case

Ralph Kearns, Sam Huff, Assistant District Attorneys, Thomas J. Browning, for appellant.

Al Horn, Lawrence L. Schneider, for appellee.

INGRAM, Justice.

Certiorari was granted to review a 5-4 decision of the Court of Appeals in which the majority concluded that banishment of the defendant from seven counties in Georgia, imposed as a condition for suspension of a sentence by the trial court, violates the public policy of the state. We have determined the decision by the Court of Appeals must be reversed.

The 1945 Georgia Constitution (Code Ann. § 2-107) expressly forbids banishment beyond...

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