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Lawskills.com Georgia Caselaw
ROWLAND v. THE STATE.
46411.
DEEN, Judge.
Revocation of probation. Bibb Superior Court. Before Judge Culpepper.
Defendant appeals from the judgment of the trial court revoking his suspended sentence and probation, and sentencing him to confinement in the State penitentiary for a period of three years. He enumerates as error denial of his motion for continuance, failure to dismiss the second rule nisi, that the terms of the suspended sentence were vague, ambiguous and indefinite, and that the evidence was insufficient as a matter of law to show any violation of probation.
2. Are the terms and conditions of a suspended sentence announcing prohibition against indulging in any unlawful, disrespectful or disorderly conduct or habits so vague, indefinite and uncertain that they are incapable of forming the basis for revoking defendant's suspended sentence? That the defendant must "maintain a correct life" was held to be too vague and indefinite (Morgan v. Foster, 208 Ga. 630, 631 (68 SE2d 583)), while "not violate the laws of Georgia" is not too vague and uncertain (Bryant v. State, 89 Ga. App. 891 (81 SE2d 556)). We hold that unlawful conduct is substantially the same as that conduct which is prohibited by law. Enumeration of error number 3 is without merit.
3. Where there is even "slight evidence" this court will not interfere with a revocation unless there has been a manifest abuse of discretion. Turner v. State, 119 Ga. App. 117 (166 SE2d 582). We have thoroughly reviewed the record and transcript and the evidence was sufficient to authorize the revocation. Enumeration of errors 4 and 5 are without merit.
Fred M. Hasty, for appellee.
Adams, O'Neal & Hemingway, Thomas W. Talbot, Manley F. Brown, for appellant.
ARGUED SEPTEMBER 7, 1971 -- DECIDED OCTOBER 1, 1971.
Friday May 22 16:12 EDT


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