Pool v. State

OPINION

MORRISON, Judge.

This is an appeal from an order revoking probation.

The sole ground of revocation is “(1) Defendant failed to support his minor children.”

The State adduced no evidence of appellant’s ability to contribute. In Steed v. State, 467 S.W.2d 460 (Tex.Cr.App.1971), we reversed because “The State [had] shown no ability on the part of the appellant to support her two children since they were given to the welfare department nor that any failure was willful.” Proof merely of the failure to support is not sufficient; it must be shown that the accused could have contributed more to…