Gonzales v. State

OPINION

ROBERTS, Judge.

This is an appeal from an order revoking probation. In December of 1973 appellant was indicted for the offense of assault to murder with malice under Art. 1160 of our former Penal Code. On March 13, 1974, in a trial before the court, appellant was found guilty of assault to murder without malice. 1 The trial court assessed punishment at five years, probated.

Condition two of appellant’s probation was that he “avoid injurious or vicious habits. (Such as, the use of . alcoholic beverages . . . ).” Condition five was that appellant “refrain from entering or frequenting any…