Moten v. State

OPINION

HENRY, Justice.

The sole question before the Court is whether the trial judge abused his discretion in denying petitioner’s application for a suspended sentence and the Court of Criminal Appeals erred in affirming the action of the Trial Judge.

Petitioner was indicted for grand larceny and receiving and concealing stolen property. He entered a plea of guilty to a reduced charge of petit larceny and received a workhouse sentence of nine months. He filed his petition for probation and the trial judge conducted a full evidentiary hearing.

The trial judge predicated his action in denying…