POPHAM v. STATE

No. 24668.

228 S.W.2d 857 (1950)

POPHAM v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied April 19, 1950.


Attorney(s) appearing for the Case

Sam L. Harrison, San Antonio, Joe Lee Hensley, San Antonio, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.


DAVIDSON, Judge.

Appellant was, upon his plea of guilty, convicted for the offense of assault with intent to rape, with punishment fixed at confinement in the penitentiary for three years.

The trial court, acting under and by authority of the Adult Probation and Parole Law, Chapter 452, Acts 50th Legislature, in 1947, Art. 781b, Vernon's C.C.P., suspended the imposition of that sentence and placed appellant upon probation.

Shortly thereafter, upon...

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