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POOL v. STATE

No. 44159.

471 S.W.2d 863 (1971)

Jimmy POOL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 26, 1971.

Attorney(s) appearing for the Case

William B. Smith, Midland, for appellant.

James A. Mashburn, Dist. Atty., and Jerry Buckner, Asst. Dist. Atty., Midland, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

This is an appeal from an order revoking probation.

The sole ground of revocation is "(1) Defendant failed to support his minor children."

The State adduced no evidence of appellant's ability to contribute. In Steed v. State, 467 S.W.2d 460 (Tex.Cr.App. 1971), we reversed because "The State [had] shown no ability on the part of the appellant to support her two children since they...

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