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SMITH v. STATE

No. 40792.

422 S.W.2d 440 (1967)

Artie SMITH, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 17, 1968.

Attorney(s) appearing for the Case

Marion G. Holt, Nacogdoches, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

This is an appeal from an order revoking probation.

Upon his plea of guilty before the court on May 20, 1963, appellant was found guilty of felony theft, and his punishment was assessed at a term of five years. The execution of the sentence was suspended, and probation was granted.

On November 28, 1966, motion to revoke probation was filed in which the District Attorney alleged that appellant committed a burglary...

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