O'LEARY v. STATE

No. 46555.

494 S.W.2d 841 (1973)

Tim O'LEARY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 6, 1973.


Attorney(s) appearing for the Case

Charles C. Wright, San Antonio, for appellant.

Ted Butler, Dist. Atty., Gordon v. Armstrong, C. N. Rothe, and Michael P. Hodge, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

This appeal is taken from an order revoking appellant's probation. Appellant was tried and convicted of the offense of selling a barbituric acid derivative. Punishment was assessed at three years' confinement, but imposition of the sentence was suspended and appellant was placed on probation. Several months later the State filed a motion to revoke the probation, alleging that appellant had violated a condition of probation which recited...

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