Fuqua v. State

Banke, Judge.

The defendant appeals from the revocation of his probation, which was based on the trial court’s finding that he was a person concerned in the commission of the crime of commercial gambling on November 20, 1976.

On November 13, 1976, Dan Spivey, a roommate of the defendant, was observed by police picking up betting slips along a route which was familiar to officers as one utilized as part of a gambling operation. Spivey used the defendant’s automobile, and the defendant rode with him.

One week later, on November 20, Spivey drove the defendant’s car to pick up bets again and was…