Brown v. State

HERRMANN, Justice.

The determinative question in this appeal is whether a revocation of probation and imposition of a prison sentence, when based upon hearsay evidence alone, constitutes abuse of discretion. We think so.

I

In 1964, the defendant entered pleas of guilty to two charges of abortion. She was sentenced to imprisonment for a term of five years on each charge, but the execution of the sentences was suspended and she was placed upon probation for a period of ten years.

In 1967, the defendant was indicted on a charge of committing an abortion on March 20, 1967, to which charge she entered…