Sellers v. State

I must dissent, for the *521evidence adduced on the hearing to revoke the defendant’s probation was insufficient to show that the defendant had violated the terms of the judgment placing him on probation.

The majority opinion recognizes that it would be a violation of due process of law to revoke a probationary sentence without notice, or without a hearing, yet it insists the rules of evidence do not apply. Code § 38-108 provides: "Generally the rules of evidence are the same in all the courts, and upon every trial the exceptions shall exist only by express statute.” The case of Allen v. State, 78…