BIRDO v. STATE

No. 44533.

476 S.W.2d 697 (1972)

William Grant BIRDO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 15, 1972.


Attorney(s) appearing for the Case

Goldsmith & McClure, by Toby Goldsmith, Fort Worth, for appellant.

Frank Coffey, Dist. Atty., T. J. Haire, Jr., and John Garrett Hill, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ODOM, Judge.

This appeal is from an order revoking probation. The contention is that the trial court abused its discretion in revoking the probation by "admitting into evidence State's Exhibit No. 2 in violation of the best evidence rule."

The record reflects that on September 8, 1970, appellant entered a plea of guilty to the offense of felony theft and his punishment was assessed by the court at there years. Imposition of the sentence was...

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