Franklin v. State

ANSTEAD, Judge:

This is an appeal from an order revoking probation. We reverse.

The defendant, John C. Franklin, was found by the trial court to have violated two conditions of his probation:(f) Neither carry nor own any weapons without first securing the consent of the Probation Supervisor.(h) Live and remain at liberty without violating any law.

Condition (f) was alleged to have been violated when Franklin and another individual disarmed an assailant armed with a gun at a bar where Franklin was doing carpentry work. He was shown to have had the gun in his hand momentarily after the weapon was…