Opinion · Court of Appeals of Georgia

Radcliff v. State

134 Ga. App. 244

Type
Opinion
Court
Court of Appeals of Georgia
Jurisdiction
Georgia
Date
1975-02-19
Topic
litigation

How later courts describe this case

  • alternative ground not set forth in petition

Citator

UpLaw has not yet analyzed Radcliff v. State. The absence of a flag is not a finding that it is good law.

Cited by
12 opinions
Quillian, Judge.

In the case sub judice the defendant’s probation was revoked because the trial judge found that the defendant was sitting in a car drinking beer at 4:00 a.m. While the evidence might have supported a finding that the defendant violated a condition of his probation which pro *245 hibited alcoholic intoxication, this was not one of the grounds stated in the petition for revocation of probation. Therefore the order of revocation was erroneous. Dingler v. State, 101 Ga. App. 312 (113 SE2d 496); George v. State, 99 Ga. App. 892 (109 SE2d 883); Gay v. State, 101 Ga. App. 225 (113 SE2d 223); Kendrick v. State, 125 Ga. App. 326 (187 SE2d 580).

Submitted February 4, 1975 Decided February 19, 1975 Rehearing denied March 11, 1975. Edward J. Magner, for appellant. George W. Darden, District Attorney, B. Wayne Phillips, Assistant District Attorney, for appellee.

Judgment reversed.

Pannell, P. J., and Clark, J., concur.