Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

LYNCH v. THE STATE.

CARLEY, Judge.

A petition for revocation of appellant's probation was filed, charging him with the commission of armed robbery, burglary and simple battery. A hearing was held and appellant's probation was revoked. He appeals.

The quantum of evidence sufficient to authorize the revocation of probation is "slight evidence." Mingo v. State, 155 Ga. App. 284, 286 (2) ( 270 S.E.2d 700) (1980). On appeal, appellant urges that the photographic identification procedure by which the victim identified him as the perpetrator of the crimes was "unnecessarily suggestive" and that the victim's subsequent in-court identification was "tainted" thereby. Appellant did not object at the hearing to the victim's in-court identification testimony as "tainted" or otherwise raise the issue of "suggestive" identification procedures. See Dodson v. State, 237 Ga. 607, 608 (3) ( 229 S.E.2d 364) (1976). Moreover, the transcript reveals that considering the "totality of the circumstances" the testimony of the victim was properly admitted. See Eiland v. State, 246 Ga. 112 ( 268 S.E.2d 922) (1980). The evidence supports the trial court's revocation of appellant's probation. See Johnson v. State, 142 Ga. App. 124 ( 235 S.E.2d 550) (1977).

Judgment affirmed. Deen, P. J., and Banke, J., concur.

DECIDED APRIL 8, 1981.
Use AI to get other relevant cases.

Comments

LYNCH v. STATE
(Apr 8, 1981)