JOHNSON v. STATE

53146.

142 Ga. App. 124 (1977)

235 S.E.2d 550

JOHNSON v. THE STATE.

Court of Appeals of Georgia.

Decided April 5, 1977.

Rehearing Denied April 29, 1977.


Attorney(s) appearing for the Case

John W. Timmons, Jr., Jack H. Affleck, Jr., for appellant.

Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, for appellee.


SHULMAN, Judge.

Appellant was tried on an indictment for burglary and found not guilty by the jury. Appellant had been serving a previous sentence of four years on probation. A probation revocation petition was filed before indictment and trial on the burglary charge, but a hearing was not held on that petition until one day after his acquittal. Both parties stipulated that the evidence produced on the trial for burglary would be the same evidence upon which the probation...

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