Burns v. United States, 287 U.S. 216 (1932). · Go Syfert
Burns v. United States, 287 U.S. 216 (1932). Cases Citing This Book View Copy Cite
1,572 citation events (211 in the last 25 years) across 124 distinct courts.
Strongest positive: Maxwell v. State of Florida (fladistctapp, 2024-04-10)
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1933 1979 2026
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discussed Cited as authority (verbatim quote) Maxwell v. State of Florida (2×) also: Cited as authority (rule)
Fla. Dist. Ct. App. · 2024 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
while probation is a matter of grace, the probationer is entitled to fair treatment, and is not to be made the victim of whim or caprice.
examined Cited as authority (quoted) United States v. Batson (3×)
9th Cir. · 2010 · signal: cf. · quote attribution · 3 verbatim quotes · confidence low
the authorizes courts of original jurisdiction ... to place the defendant upon probation for such period and upon such terms and conditions as they may deem best.
cited Cited as authority (rule) Jamar Lafonz Hilliard v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
Burns v. United States, 287 U.S. 216, 223 (1932).
cited Cited as authority (rule) Commonwealth v. Linda Marie Medeiros.
Mass. App. Ct. · 2025 · confidence medium
Court Dep't, 395 Mass. 815, 817 (1985), quoting Burns v. United States, 287 U.S. 216, 221 (1932).
discussed Cited as authority (rule) Record Expungement of Jones
S.D. · 2025 · confidence medium
More importantly, we have further noted that “[i]t is necessary to individualize each case, to give that careful, humane, and comprehensive consideration to the particular situation of each offender which would be possible only in the exercise of a broad discretion.” Id. (emphasis added) (quoting Burns v. United States, 287 U.S. 216, 220 (1932)).
cited Cited as authority (rule) State v. Janvier
Del. Super. Ct. · 2025 · confidence medium
Apr. 15, 2015). 45 Burns v. United States, 287 U.S. 216, 220 (1932). 9 when the Defendant chose to have a cell phone—which was prohibited—and used it to access and store child pornography.46 19.
examined Cited as authority (rule) Nicholas G. Coullias v. State of Florida (3×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 2025 · confidence medium
And to the extent the Legislature fails to specify the length of probation it mandates be imposed as 16 “[t]here is no requirement that it must be granted on a specified showing.” Burns, 287 U.S. at 220. 6 Indeed, “[t]he defendant stands convicted; he faces punishment, and cannot insist on terms or strike a bargain.” Id.
cited Cited as authority (rule) United States v. Christopher Perkins
4th Cir. · 2023 · confidence medium
Id. at 221 (emphasis added).
discussed Cited as authority (rule) Com. v. Williamson, T.
Pa. Super. Ct. · 2021 · confidence medium
He is still a person convicted of crime, and the expressed intent of the Court to have him under probation beginning at a future time does not ‘change his position from the possession of a privilege to the enjoyment of a right.’ Burns v. United States, 287 U.S. 216, 222 [] (1932). [] Wendowski, 420 A.2d at 630 (additional citations omitted).
cited Cited as authority (rule) People of Michigan v. John David Vanderpool
Mich. · 2020 · confidence medium
Burns, 287 US at 217-219, 222-223 .
discussed Cited as authority (rule) United States v. Jeremy C. Jones
11th Cir. · 2020 · confidence medium
However, “[a] revocation hearing need not be as rigid or as formal as a criminal trial either with respect to notice or specification of charges, fairness of the proceedings being the prime factor.” Evers, 534 F.2d at 1188 (citing Burns v. United States, 287 U.S. 216, 221 (1932)).
discussed Cited as authority (rule) Chancelier Fazili v. Commonwealth of Virginia
Va. Ct. App. · 2019 · confidence medium
See Code § 19.2-303; Burns v. United States, 287 U.S. 216, 221 (1932) (explaining that it is within the court’s broad discretion whether to grant probation).
discussed Cited as authority (rule) Mont v. United States
SCOTUS · 2019 · signal: cf. · confidence medium
Cf. Burns v. United States, 287 U. S. 216, 223 (1932) (noting that a probationer is still “subject to the conditions of ” probation “even in jail”).
discussed Cited as authority (rule) Mont v. United States
SCOTUS · 2019 · signal: cf. · confidence medium
Cf. Burns v. United States, 287 U. S. 216, 223 (1932) (noting that a probationer is still “subject to the conditions of ” probation “even in jail”).
discussed Cited as authority (rule) Com. v. Mills, K.
Pa. Super. Ct. · 2019 · confidence medium
He is still a person convicted of crime, and the expressed intent of the [c]ourt to have him under probation beginning at a future time does not ‘change his position from the possession of a privilege to the enjoyment of a right.’ Burns v. United States, 287 U.S. 216, 222 (1932).
discussed Cited as authority (rule) Com. v. Wengert, C., Jr.
Pa. Super. Ct. · 2019 · confidence medium
The Ware court emphasized, “[T]he expressed intent of the [c]ourt to have [a defendant] under probation beginning at a future time does not ‘change his position from the possession of a privilege to the enjoyment of a right.’” Ware, 737 A.2d at 254 (quoting Burns v. United States, 287 U.S. 216, 222 (1932)).
discussed Cited as authority (rule) Com. v. McIntyre, R.
Pa. Super. Ct. · 2018 · confidence medium
He is still a person convicted of crime, and the expressed intent of the Court to have him under probation beginning at a future time does not “change his position from the possession of a privilege to the enjoyment of a right.” Burns v. United States, 53 S. Ct. 154, 156 (1932). -6- J-S76041-18 Commonwealth v. Wendowski, 420 A.2d 628, 630 (Pa. Super. 1980) (some citations omitted) (emphasis in original).
discussed Cited as authority (rule) Com. v. Huey, W.
Pa. Super. Ct. · 2018 · confidence medium
He is still a person convicted of a crime, and the expressed intent of the court to have him under· probation beginning at a future time does not "change his position from the possession of a privilege to the enjoyment of a right." Burns v United States. 53 S.Ct. 154, 156 (l 932) ...
discussed Cited as authority (rule) United States v. Jimmy Davis
3rd Cir. · 2018 · confidence medium
But, “[a] revocation hearing need not be as rigid or as formal as a criminal trial either with respect to notice or specification of charges, fairness of the proceedings being the prime factor,” United States v. Evers, 534 F.2d 1186, 1188 (5th Cir. 1976) (citing Burns v. United States, 287 U.S. 216, 221 (1932)), and to be effective under Rule 32.1, notice “need only assure that 5 the defendant understands the nature of the alleged violation,” United States v. Sistrunk, 612 F.3d 988, 992 (8th Cir. 2010).
discussed Cited as authority (rule) State v. A.B. Price Jr. and Victor Tyrone Sims
unknown court · 2018 · confidence medium
Probation is therefore “a matter of favor” granted by the court as recognition that a convicted defendant may benefit from an opportunity “to take advantage of an opportunity for reformation which actual service of the suspended sentence might make less probable.” Burns v. United States, 287 U.S. 216, 220 (1932).
discussed Cited as authority (rule) Com. v. Roberts, P.
Pa. Super. Ct. · 2018 · confidence medium
He is still a person convicted of crime, and the expressed intent of the Court to have him under probation beginning at a future time does not “change his position from the possession of a privilege to the enjoyment of a right.” Burns v. United States, 287 U.S. 216, 222 , 53 S.Ct. 154, 156 , 77 L.Ed. 266, 269 (1932).
discussed Cited as authority (rule) Com. v. Ostrander, K.
Pa. Super. Ct. · 2017 · confidence medium
He is still a person convicted of crime, and the expressed intent of the Court to have him under probation beginning at a future time does not “change his position from the possession of a privilege to the enjoyment of a right.” Burns v. United States, 287 U.S. 216, 222 , 53 S.Ct. 154, 156 , 77 L.Ed. 266, 269 (1932).
discussed Cited as authority (rule) Durham v. State
Del. Super. Ct. · 2016 · confidence medium
Moreover, nine months at Level V 17 See Hickman, 2014 WL 4463142 , at *2 (quoting Kurzmann, 903 A.2d at 714 ). 18 Weston, 832 A.2d at 746 . 19 See Siple, 701 A.2d at 85 . 20 Burns v. United States, 287 U.S. 216, 220 (1932). 21 Id. 9 is not enough time to be evaluated for and complete an in-patient substance abuse treatment program at Level V supervision.
cited Cited as authority (rule) State of Minnesota v. Timothy Ivan Kotten
Minn. Ct. App. · 2016 · confidence medium
Cottew, 746 N.W.2d at 638 (quoting Burns v. United States, 287 U.S. 216, 222-23 , 53 S. Ct. 154, 156 (1932)).
discussed Cited as authority (rule) Com. v. Alexander, K. (2×)
Pa. Super. Ct. · 2015 · confidence medium
Wendowski, 453, 457 (quoting Burns v. United States, 287 U.S. 216, 222 (1932)).
discussed Cited as authority (rule) Com. v. Whitehead, A.
Pa. Super. Ct. · 2015 · confidence medium
He is still a person convicted of crime, and the expressed intent of the Court to have him under probation beginning at a future time does not “change his position from the possession of a privilege to the enjoyment of a right.” Commonwealth v. Ware, 737 A.2d 251, 253-254 (Pa. Super. 1999) (emphasis in original) (quoting Burns v. United States, 287 U.S. 216, 222 (1932)), appeal denied, 747 A.2d 900 (Pa. 1999).
discussed Cited as authority (rule) People v. Jacaline CA6
Cal. Ct. App. · 2015 · confidence medium
(See Burns v. United States (1932) 287 U.S. 216, 220 [probation is a matter of favor conferred as a privilege]; Kirsch v. United States (8th Cir. 1949) 173 F.2d 652, 654 [probation is a matter of grace].) Murphy’s reasoning removes Fifth Amendment restrictions from the reach of probation conditions (Murphy, supra, 465 U.S. at p. 438 [“Our decisions have made clear that the State could not constitutionally carry out a threat to revoke probation for the legitimate exercise of the Fifth Amendment 10 privilege.”]).
discussed Cited as authority (rule) People v. Garcia
Cal. Ct. App. · 2014 · confidence medium
(See Burns v. United States (1932) 287 U.S. 216, 220 [probation is a matter of favor conferred as a privilege]; Kirsch v. United States (8th Cir 1949) 173 F.2d 652, 654 [probation is a matter of grace].) Murphy’s reasoning removes Fifth Amendment restrictions from the reach of probation conditions (Murphy, supra, 465 U.S. at p. 438 [“Our decisions have made clear that the State could not constitutionally carry out a threat to revoke probation for the legitimate exercise of the Fifth Amendment privilege.”]).
cited Cited as authority (rule) State v. Cleary
N.C. Ct. App. · 2011 · confidence medium
Ed. 266, 268-69 , 53 S. Ct. 154, 155 (1932).
discussed Cited as authority (rule) Commonwealth v. Goodwin (2×)
Mass. · 2010 · confidence medium
Under our common law, a judge has authority to modify or add conditions of probation “to serve ‘the ends of justice and the best interests of both the public and the defendant.’ ” Id. at 817 , quoting Burns v. United States, 287 U.S. 216, 221 (1932). 7 Just as judges have considerable discretion at sentencing in establishing the terms of probation, they also have the discretion to modify those conditions “as a proper regard for the welfare, not only of the defendant but of the community, may require.” Buckley, supra at 818 , quoting Commonwealth v. McGovern, 183 Mass. 238, 240 (190…
discussed Cited as authority (rule) Commonwealth v. Ruiz
Mass. · 2009 · confidence medium
Court Dep’t, 395 Mass. 815, 817-819 (1985), quoting Burns v. United States, 287 U.S. 216, 221 (1932) (courts possess authority to modify probationary conditions “to serve ‘the ends of justice and the best interests of both the public and the defendant’ ”; rejecting argument that “the addition of reasonable conditions to an individual’s probation” constitutes “a revision or revocation of a sentence” pursuant to Mass. R.
discussed Cited as authority (rule) Commonwealth v. Morales
Mass. App. Ct. · 2007 · confidence medium
In conditions amounting to a material change in circumstances, the sentencing court may modify the conditions of probation in order “to serve ‘the ends of justice and the best interests of both the public and the defendant.’ ” Buckley, 395 Mass. at 817 , quoting from Burns v. United States, 287 U.S. 216, 221 (1932).
discussed Cited as authority (rule) Commonwealth v. Hoover
Pa. Super. Ct. · 2006 · confidence medium
He is still a person convicted of crime, and the expressed intent of the Court to have him under probation beginning at a future time does not “change his position from the possession of a privilege to the enjoyment of a right.” Burns v. United States, 287 U.S. 216, 222 , 53 S.Ct. 154, 156 , 77 L.Ed. 266, 269 (1932).
discussed Cited as authority (rule) United States v. Jeffrey McDonald
8th Cir. · 2006 · confidence medium
The Styria v. Morgan, 186 U.S. 1, 9 (1902) (internal quotations omitted) (emphasis in original). "[Discretion] takes account of the law and the particular circumstances of the case and is directed by the reason and conscience of the judge to a just result." Burns v. United States, 287 U.S. 216, 223 (1932) (internal quotations omitted).
discussed Cited as authority (rule) State v. Lopez
N.M. Ct. App. · 2006 · confidence medium
As said in a special concurring opinion in James v. United States, 140 F.2d 392, 394 (5th Cir. 1944) (Waller, J., specially concurring) (quoting Burns v. United States, 287 U.S. 216, 222 (1932)): If, at any time before the defendant has completed the maximum period of probation, or before he has begun service of his probation, he should commit offenses of such nature as to demonstrate to the court that he is unworthy of probation and that the granting of same would not be in subservience of the ends of justice and the best interests of the public, or the defendant, the court could revoke or ch…
cited Cited as authority (rule) State of Tennessee v. Donald Wayne Joiner
Tenn. Crim. App. · 2005 · confidence medium
Burns v. United States, 287 U.S. 216, 220 , 53 S. Ct. 154, 155 (1932).
cited Cited as authority (rule) State of Tennessee v. Gregory Mullins
Tenn. Crim. App. · 2005 · confidence medium
Burns v. United States, 287 U.S. 216, 220 , 53 S. Ct. 154, 155 (1932).
cited Cited as authority (rule) State of Tennessee v. Christopher Demotto Linsey
Tenn. Crim. App. · 2004 · confidence medium
Burns v. United States, 287 U.S. 216, 220 , 53 S. Ct. 154, 155 (1932).
cited Cited as authority (rule) State of Tennessee v. Brandon Watson
Tenn. Crim. App. · 2004 · confidence medium
Burns v. United States, 287 U.S. 216, 220 , 53 S. Ct. 154, 155 (1932).
cited Cited as authority (rule) State of Tennessee v. Brian Douglas Williams
Tenn. Crim. App. · 2004 · confidence medium
Burns v. United States, 287 U.S. 216, 220 , 53 S. Ct. 154, 155 (1932).
cited Cited as authority (rule) State of Tennessee v. Allison L. Brewington
Tenn. Crim. App. · 2004 · confidence medium
Burns v. United States, 287 U.S. 216, 220 , 53 S. Ct. 154, 155 (1932).
cited Cited as authority (rule) State of Tennessee v. Stephon Harden
Tenn. Crim. App. · 2003 · confidence medium
Burns v. United States, 287 U.S. 216, 220 , 53 S. Ct. 154, 155 (1932).
cited Cited as authority (rule) State of Tennessee v. Shawn M. Brooks
Tenn. Crim. App. · 2002 · confidence medium
Burns v. United States, 287 U.S. 216, 220 , 53 S. Ct. 154, 155 (1932).
discussed Cited as authority (rule) Commonwealth v. Ware
Pa. Super. Ct. · 1999 · confidence medium
He is still a person convicted of crime, and the expressed intent of the Court to have him under probation beginning at a future time does not “change his position from the possession of a privilege to the enjoyment of a right.” Burns v. United States, 287 U.S. 216, 222 , 53 S.Ct. 154, 156 , 77 L.Ed. 266, 269 (1932).
cited Cited as authority (rule) United States v. Gerald Wayne Miller
4th Cir. · 1994 · confidence medium
Burns v. United States, 287 U.S. 216, 222-23 (1932).
cited Cited as authority (rule) United States v. Gaylen Knight
10th Cir. · 1994 · confidence medium
Burns v. United States, 287 U.S. 216, 222-23 (1932); United States v. Reber, 876 F.2d 81, 83 (10th Cir.1989).
cited Cited as authority (rule) United States v. Jackie Donnell Hollingsworth
4th Cir. · 1992 · confidence medium
Burns v. United States, 287 U.S. 216, 222-23 (1932).
cited Cited as authority (rule) United States v. Gloria P. Luster
4th Cir. · 1992 · confidence medium
Burns v. United States, 287 U.S. 216, 222 (1932). 6 In this case, Luster claims that the evidence was insufficient to show that she violated the terms of her probation.
cited Cited as authority (rule) State v. Bernades
Haw. · 1990 · confidence medium
State v. Palama, 62 Haw. 159, 164 , 612 P.2d 1168, 1171 (1980); Burns v. United States, 287 U.S. 216, 220 , 53 S. Ct. 154, 155 , 77 L.
discussed Cited as authority (rule) Commonwealth v. Durling
Mass. · 1990 · confidence medium
In Escoe v. Zerbst, 295 U.S. 490, 492-493 (1935), the Court held that a probationer had the “privilege” of a hearing before his probation was revoked, but added that it did “not accept the petitioner’s contention that the privilege has a basis in the Constitution, apart from any statute.” See Burns v. United States, 287 U.S. 216, 223 (1932) (probation is a “matter of grace,” but probationer entitled to “fair treatment”). 3 A probation revocation hearing should not be a miniature trial.
Burns
v.
United States
378.
Supreme Court of the United States.
Dec 5, 1932.
287 U.S. 216
Mr. Otto Christensen for petitioner., Solicitor General Thacher, with whom Assistant Attorney General Youngquist, and Messrs. Paul D. Miller, Mahlon D. Kiefer, and Wm. IT. Riley, Jr., were on the brief, for the United States.
Hughes.
Cited by 522 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 88%
Citer courts: Ninth Circuit (3)
Mr. Chief Justice Hughes

delivered the opinion of the Court.

The Court granted certiorari to review the decision of the Circuit Court of Appeals affirming an order revoking probation. 59 F. (2d) 721. On a plea of guilty to three counts of an indictment, petitioner was sentenced, on May 4, 1931, on the first count to imprisonment for one year, on the second count to pay a fine of $2,000, and on the third count to imprisonment for five years. Execution of the last-mentioned sentence was suspended and the court granted probation upon the following terms,— “ during such time as the defendant reports regularly[*218] every three months in writing, beginning with this date, to the federal probation officer of this court; during which time he entirely refrains from any violation of any law with the possible exception of parking and traffic ordinances, and in all respects conducts himself as a law-abiding citizen. In case of the violation of the terms of probation, the defendant will be brought before the court and sentenced. Probation is granted for a period of five years.”

On January 21, 1932, while petitioner was serving his sentence on the first count, he was brought before the court, by its direction, for the purpose of investigating a report that he had violated the terms of probation. After a brief recess to permit the attendance of counsel for petitioner, the court held a summary hearing. A special agent of the Department of Justice testified that the jail records, a copy of which was produced, showed that on fifteen days between May 10th and August 18th, 1931, petitioner had been absent from, the jail for long periods ranging from nearly four hours to over twelve hours; that an order had been made permitting him to visit a dentist for necessary dental work, but that on August 18th the agent had found petitioner at his home. Petitioner was examined on his own behalf and from his cross-examination it appeared that on one occasion, when the record showed that he had been away from the jail from 10 a. m. until 9.06 p. m., he had been- at his home in the evening “ listening to the radio, something like that.” He was unable to say how often he had gone to his home when he was supposed to be visiting the dentist; it was “quite a few times. -Q. Most of the time? A. Pretty near.” He further testified: “ Q. When you left the jail and didn’t go to the dentist’s office, were you and Lessner [a deputy marshal] riding around or were you at your house and would Lessner ride around? Is that right? A. Yes.” On redirect examination, petitioner added that when he was out he[*219] asked to be taken home to get a change of clothes; that usually each time he went to the house he went for a change of linen.

After petitioner had testified, the court, denying the request of petitioner’s counsel for an opportunity to present further evidence, especially as to matters upon which the court did not base its conclusion, revoked the probation order. The court said that there is enough obviously before this court to show that the spirit of the probation was not in any sense complied with.” The Circuit Court of Appeals, reviewing petitioner’s testimony at length, sustained the order as based not upon “ a technical escape, but upon the fact that the appellant had not acted in good faith in carrying out the order of the trial judge, but, on the contrary, had taken advantage of a general permit to carry out his own purposes quite independently of the basis and theory upon which the order was given.” 59 F. (2d) p. 724.

First. Petitioner objects to the summary character of the proceeding. He urges that he was entitled to previous notice of specific charges of violation of the terms of probation and to a hearing upon such charges according to the established rules of judicial procedure. As opposed to the action sanctioned below he invokes principles announced in Hollandsworth v. United States (C. C. A. 4th), 34 F. (2d) 423, 428, and in certain decisions of state courts dealing with procedure under state probation laws. See State v. Zolantakis, 70 Utah 296; 259 Pac. 1044; 54 A. L. R. Ann. 1463, 1471, note. 1

[*220] The Federal Probation Act (March 4, 1925, c. 521, 43 Stat. 1259; U. S. C., Tit. 18, §§ 72A-727), confers an authority commensurate with its object. It was designed to provide a period of grace in order to aid the rehabilitation of a penitent offender; to take advantage of an opportunity for reformation which actual service of the suspended sentence might make less probable. United States v. Murray, 275 U. S. 347, 357, 358; H. R. Rep. No. 423, 68th Cong., 1st Sess. Probation is thus conferred as a privilege and cannot be demanded as a right. It is a matter of favor, not of contract. There is no requirement that it must be granted-on a specified showing. The defendant stands convicted; he faces punishment and cannot insist on terms or strike a bargain. To accomplish the purpose of the statute, an exceptional degree of flexibility in administration is essential. It is necessary to individualize each case, to give that careful, humane and comprehensive consideration to the particular situation of each offender which would be possible only in the exercise of a broad discretion. The provisions of the Act are adapted to this end. It authorizes courts of original jurisdiction, when satisfied “ that the ends of justice and the best interests of the public, as well as the defendant, will be subserved,” to suspend the imposition or execution of sentence and to place the defendant upon probation[*221] for such period and upon such terms and conditions as they may deem best.”

There is no suggestion in the statute that the scope of the discretion conferred for the purpose of making the grant is narrowed in providing for its modification or revocation. The authority for the latter purpose immediately follows that given for the former, and is in terms equally broad. “ The court may revoke or modify any condition of probation, or may change.the period of probation.” There are no limiting requirements as to the formulation of charges, notice of charges, or manner of hearing or determination. No criteria for modification or revocation are suggested which are in addition to, or different from, those which pertain to the original grant. The question in both cases is whether the court is satisfied that its action will subserve the ends of justice and the best interests of both the public and the defendant. The only limitation, and this applies to both the'grant and any modification of it, is that the total period of probation shall not exceed five years. Act of March 4, 1925, § 1.

Such procedural provisions as the Act contains harmonize with the view that the continuance of the probation, as well as the grant of it, rests in the court’s discretion. The probation officer, when directed by the court, must report to the court with a statement of the conduct of the probationer. “ The court may thereupon discharge the probationer from further supervision and may terminate the proceedings against him, or may extend the probation, as shall seem advisable.” Id., § 2. The broad authority of the court remains unimpaired. At any time within the probation period, the probationer may be arrested, either with or without warrant, and thereupon he “ shall forthwith be taken before the court.” Also, after the probation period has expired, but within the maximum period for which the defendant might originally have been sentenced, the court may issue a warrant and cause the[*222] defendant to be arrested and brought before it. Thereupon the court may revoke the probation or the suspension of sentence, and may impose any sentence which might originally have been imposed.” Id.

The duty placed upon the probation officer to furnish to each probationer under his supervision a written statement of the conditions of probation ” and to “ instruct him regarding the same ” (id., § 4) cannot be deemed to restrict the court’s discretion in modifying the terms of probation or in revoking it. The evident purpose is to give appropriate admonition to the probationer, not to change his position from the possession of a privilege to the enjoyment of a right. He is still a person convicted of an offense, and the suspension of his sentence remains within the control of the court. The continuance of that control, apparent from the terms of the statute, is essential to the accomplishment of its beneficent purpose, as otherwise probation might be more reluctantly granted or, when granted, might be made the occasion of delays and obstruction which would bring reproach upon the administration of justice. See Campbell v. Aderhold, 36 F. (2d) 366, 367; United States v. Mulligan, 48 F. (2d) 93, 94; Jianole v. United States, 58 F. (2d) 115, 117; Commonwealth v. McGovern, 183 Mass. 238; 66 N. E. 805; People ex rel. Pasco v. Trombly, 173 App. Div. (N. Y.) 497, 499; 160 N. Y. S. 67; Richardson v. Commonwealth, 131 Va. 802, 810, 811; 109 S. E. 460; People v. Dudley, 173 Mich. 389, 392, 395; 138 N. W. 1044; People v. Sanders, 64 Cal. App. 1; 220 Pac. 24.

The question, then, in the case of the revocation of probation, is not one of formal procedure either with respect to notice or specification of charges or a trial upon charges. The question is simply whether there has been an abuse of discretion, and is to be determined in accordance with familiar principles governing the exercise of judicial discretion. That exercise implies conscientious[*223] judgment, not arbitrary action. The Styria, 186 U. S. 1, 9. It takes account of the law and the particular circumstances of the case and is directed by the reason and conscience of the judge to a just result.” Langnes v. Green, 282 U. S. 531, 541. While probation is a matter of grace, the probationer is entitled to fair treatment, and is not to be made the victim of whim or caprice.

Second. Applying these principles, it is apparent that the instant case has the peculiar feature that the probar tioner was actually serving a jail sentence while on probation with respect to another sentence. But, even in jail, he was subject to the conditions of the probation. By its terms, he was to refrain from violation of law and “ in ah respects conduct himself as a law-abiding citizen.” As, at the same time that the sentence in question was suspended and probation was granted, he was committed to jail upon a distinct sentence, there was also a condition necessarily implied that he should not be guilty of conduct inconsistent with obedience to that sentence. Abuse of the liberty granted him to leave the jail for a particular purpose, and absenting himself in the circumstances described in his testimony, — apart from the question of violation of law (see Act of May 14,1930, c. 274, § 9, 46 Stat. 325, 327; U. S. C., Tit. 18, § 753h) — was clearly a breach of that condition and the court was entitled to take note of it.

There is, properly speaking, no question here of notice. Defendant was brought before the court and questioned. Defendant was not only heard but gave his testimony. The inquiry related to his own conduct in connection with his leaving the jail, and the court could properly restrict the examination to what was pertinent to that conduct and could refuse to extend the inquiry to embrace other matters. The hearing was summary but it cannot be said that it was improper or inadequate, in view of the nature of the proceeding and of the particular point upon which[*224] the court rested its decision. The court revoked the probation upon defendant’s admissions of his dereliction and it does not appear that there was an abuse of discretion.

Judgment affirmed.

1

See, also, Riggs v. United States (C. C. A. 4th), 14 F. (2d) 5, 9, 10; Furrow v. United States (C. C. A. 4th), 46 F. (2d) 647; Ex parte Lucero, 23 N. Mex. 433; 168 Pac. 713; State v. O’Neal, 147 Wash. 169; 265 Pac. 175; Plunkett v. Miller, 161 Ga. 466; 131 S. E. 170; Williams v. State, 162 Ga. 327; 133 S. E. 843; State v. Hardin, 183 N. C. 815; 112 S. E. 593; Weber v. State, 58 Ohio St. 616; 51 N. E. 116. Compare Campbell v. Aderhold (N. D. Ga.), 36 F. (2d) 366,[*220] 367; United States v. Mulligan (C. C. A. 2d), 48 F. (2d) 93, 94; Jianole v. United States, (C. C. A. 8th), 58 F. (2d) 115, 117; People ex rel. Forsyth v. Court of Sessions, 141 N. Y. 288; 36 N. E. 386; People ex rel. Pasco v. Trombly, 173 App. Div. (N. Y.) 497; 160 N. Y. S. 67; People ex rel. Woodin v. Ottaway, 247 N. Y. 493, 497; 161 N. E. 157; Commonwealth v. McGovern, 183 Mass. 238; 66 N. E. 805; Finer v. Commonwealth, 250 Mass. 493; 146 N. E. 23; People v. Dudley, 173 Mich. 389, 392, 395; 138 N. W. 1044; Richardson v. Commonwealth, 131 Va. 802, 810, 811; 109 S. E. 460; State v. Sullivan, 127 S. C. 186; 121 S. E. 47; State v. Miller, 122 S. C. 468, 473-475; 115 S. E. 742; People v. Sapienzo, 60 Cal. App. 626; 213 Pac. 274; People v. Sanders, 64 Cal, App, 1; 220 Pac, 24.