On January 13, 1958, the defendant pleaded guilty to a misdemeanor accusation charging him with carrying a concealed weapon in count 1, аnd carrying a pistol without a license in count 2. He was then sentencеd to six months on each count, it being stipulated that the six-month sentence of count 2 was to follow that of count 1. On October 30, 1958, the defendant wаs arrested on a warrant based on affidavits charging him with violating the third condition of the suspended sentence in count 2, where it is stipulated: “He must not violate any laws of the State of Georgia.” The warrant and affidavits charged the defendant with carrying a concealed weapon and carrying a pistol without a license in Lee County and with speeding in Sumter County. The defendant excepts to the overruling of his demurrer attаcking the constitutionality of the probation act of 1956 (Ga. L. 1956, pp. 27, 32; Code., Ann., § 27-2713), and to the order revoking his probation. He contends that section 12 of the probation act is violative of article 1, sectiоn 1, paragraph 5 of the Constitution of Georgia (Code § 2-105), becausе it makes no* provision for a trial by jury in the determination of whether or nоt the conditions of a probation order have been breached. Held:
The defendant’s constitutional right to* a trial by jury was not violated by the revocation of his probation, when, after a hearing, the trial judge decided that he had violated the terms
*819
of the order granting probation. Although the constitutionality of the probation act of 1956, supra, has nоt before been ruled upon by this court, the probation act of 1913 (Ga. L. 1913, pp. 112, 114), the provisions of which in respect to revocation are substantially the same as those in the act in question, was held, to be сonstitutional in
Williams
v.
State,
162
Ga.
327 (Id) (
Judgment affirmed.