Horton v. State

Evans, Judge.

This case involves the violation by the appellant of a probationary feature of a sentence in which he is charged with having been arrested for possessing and selling non-tax paid whiskey and operating a gambling house. Held:

1. In order to revoke the probationary features of a sentence the defendant must have notice and opportunity to be heard, the notice being sufficient to inform him not only of the time and place of the hearing and the fact that revocation is sought, but the grounds upon which it is based. It may not be revoked where there is no evidence that the defendant…