Kelly v. State

Appellant was convicted on May 26, 1982, of burglary of a building, and his punishment was assessed at four (4) years’ confinement, probated. His probation was subsequently revoked and a four year sentence imposed.

On appeal appellant asserted the order revoking probation was void because his original conviction for burglary was fatally defective because it had been obtained by use of a magistrate under Article 1918c, Y.A.C.S., then in existence, and that said statute was unconstitutional. He further urged on appeal that even if the statute was held constitutional his cause or case was never…