Shum v. Fogliani

Wines, D. J.,

dissenting:

The petitioner was convicted upon a plea of guilty to the felony of embezzlement on November 5, 1963, in the Second-Judicial District Court of the State of Nevada, in and for the County of Washoe. Thereafter, the petitioner was sentenced to a term of 2 to 14 years in the Nevada State Prison, but the sentence was suspended and the petitioner admitted to probation.

Prior to October 9, 1964, the petitioner was arrested on a warrant charging him with a violation of the terms *162and conditions of his probation. A probation revocation hearing was held on October 9, 1964. The…