Harper v. State

Birdsong, Judge.

The appellant Harper was placed on five years’ probation in July, 1975, following his conviction for burglary. In December, 1977, a revocation hearing was held based upon an allegation of theft by taking. The theft involved a chain saw taken from the cab of a small truck. Witnesses testified at the hearing that Harper was seen in the presence of one Durden immediately after the chain saw was stolen. Harper and Durden were together when Durden requested a man named Moore to take them to a location where the saw could be sold. Although there was no direct evidence that Harper…