Guillen v. State

OPINION

MORRISON, Judge.

This is an appeal from a revocation of probation.

Appellant was placed on probation on May 20, 1964, after pleading guilty before the court to the offense of burglary and had his punishment assessed at six years. One of the conditions of his probation was that probationer would “abstain from drinking alcoholic beverages”. Motion to revoke was filed by the State alleging that appellant had violated conditions of his probation by, first, consuming intoxicating beverages, and secondly, by “committing an offense against the State of Texas by getting drunk in a public place.”

A…