78 Ga. App. 526 - Allen v. State’s Empirical Analysis
1949
Citation profile
30 state decisions
How this case has been cited
Cited by 30 later decisions — most recently March 1983 · most notably 107 Ga. App. 516 - Sellers v. State (1963), 136 Ga. App. 885 - Dickerson v. State (1975)
30 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Olsen v. State · Roberts v. Lowry · Johnson v. Walls · 71 Ga. App. 303 - Brown v. State
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The statute guarantees to the probationer the right to due examination by the court before the probation sentence may be revoked. See Roberts v. Lowry, 160 Ga. 494 (2) ( 128 SE 746 ); Johnson v. Walls, 185 Ga. 177 ( 194 SE 380 ). Such due examination means that the probationer be given notice and an opportunity to be heard upon the question of whether he has, by his conduct, committed acts authorizing the court to revoke his probation. This right would indeed be rendered impotent if the court be permitted, after hearing the evidence, to revoke the probation on mere suspicion; especially where there is positive and uncontradicted testimony by unimpeached witnesses absolving the defendant of the slightest culpable conduct. If the rule were otherwise than as here expressed, there would be no occasion for such due examination. Although the trial court on a hearing for the revocation of probation has wide discretion, and although only slight evidence will support a judgment of revocation, some evidence is required.”
1 later decision quote this exact passage“. . . the trial judge is not bound by the same rules of evidence as a jury in passing upon the guilt or innocence of the accused in the first instance. It is not necessary that the evidence support the finding beyond a reasonable doubt or even by a preponderance of the evidence. The judge is the trior of the facts. He has a very wide discretion.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.