OVERBY v. STATE

No. A99A0533.

516 S.E.2d 585 (1999)

237 Ga. App. 730

OVERBY v. The STATE.

Court of Appeals of Georgia.

April 22, 1999.


Attorney(s) appearing for the Case

Billy I. Daughtry, Jr., Elberton, for appellant.

Robert W. Lavender, District Attorney, Kathleen R. Johnson, Assistant District Attorney, for appellee.


McMURRAY, Presiding Judge.

Defendant Marshall Overby pleaded guilty of a felony violation of the Georgia Controlled Substances Act, for growing marijuana, and received a ten-year sentence to be served under intensive probation. The State subsequently petitioned to revoke defendant's probation on the ground he committed the new offenses of cruelty to children and battery on June 8, 1998.

At the hearing, the State's only witness1

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