Opinion
67753.
DECIDED FEBRUARY 27, 1984.
Probation revocation. Peach Superior Court. Before Judge Morgan.
Robert M. Bearden, Jr., for appellant.
Willis B. Sparks III, District Attorney, Thomas J. Matthews, G. F. Peterman III, Assistant District Attorneys, for appellee.
The defendant appeals the revocation of his probation. Held:
1. The defendant was charged with violation of his probation conditions as follows: "by failing to take antabuse as directed, by failing to participate in the alcohol counseling program as directed, by failing to report to his Probation Supervisor as directed and by consuming alcoholic beverages on August 3, 1983."
The evidence was sufficient to establish the defendant violated the terms of his probationary sentence.
2. It is contended that, because the defendant was an alcoholic, his intoxication was not voluntary and could not serve as a basis to revoke his probation.
This issue has been decided adversely to defendant's contention by this court and the Supreme Court. See Grimes v. Burch, 223 Ga. 856 ( 159 S.E.2d 69); McLaughlin v. State, 236 Ga. 577, 579 (4) ( 224 S.E.2d 412); Goldsmith v. State, 148 Ga. App. 786, 788 (6) ( 252 S.E.2d 657); Ford v. State, 164 Ga. App. 620 (1) ( 298 S.E.2d 327). As succinctly held in McLaughlin v. State, 236 Ga. 577, 580, supra, chronic alcoholism does not constitute involuntary intoxication within the meaning of former Code Ann. § 26-704 (now OCGA § 16-3-4).
Judgment affirmed. Birdsong and Carley, JJ., concur.