Murray v. State

Evans, Judge.

Defendant pleaded guilty to aggravated assault in the shooting of two persons, one of whom was his estranged wife who had a divorce suit pending against him. The sentence was probated, conditioned, among other things, that "the defendant abide by any court order in divorce case regarding Edna L. Murray.” His probation was revoked, after a hearing for failing to pay child support. Defendant appeals. Held:

1. Since the divorce proceeding was not final, defendant contends the condition that he abide by any court order in the divorce case was invalid in that it was capable of…