Carson v. State

(specially concurring):

Justice Bussey is eminently correct in his conclusion of affirmance of the trial court. Use of the language in his opinion “All *1399cases to the contrary are expressly overruled” obviously relates to dicta in Lee v. Collins, Judge, Vol. 41 O.B.J. 2768, which dicta lead to much confusion at the trial level when the same fact situation led to both the filing of an application to revoke a suspended sentence and an Information or complaint.

A reading of Lee v. Collins, supra, leads one to conclude that a formal adjudication of the criminal offense must occur before a hearing can…