Legal Opinion · Dissent

Gonzalez v. State

Court of Criminal Appeals of Texas

Decided May 13, 1970No. 42659Published

1DissentOnion, Judge

As duly noted by the majority, the basis for the revocation of appellant’s probation is an alleged violation of Section 1 of Article 1436b, V.A.P.C., the constitutionality of which was upheld without discussion in Sellers v. State, 163 Tex.Cr.R. 560, 294 S. W.2d 813, “over a vigorous and well reasoned dissent.” And while observing that the allegations of the motion to revoke did not comply with the requirements of an indictment or even follow the wording of Section 1 of Article 1436b, supra, the majority held, without setting out such allegations, they were sufficient to give notice to the…

2Cases cited29 opinions

  1. Griffin v. IllinoisSupreme Court of the United States · 1956
  2. Douglas v. CaliforniaSupreme Court of the United States · 1963
  3. Mempa v. RhaySupreme Court of the United States · 1967
  4. Baxstrom v. HeroldSupreme Court of the United States · 1966
  5. McConnell v. RhaySupreme Court of the United States · 1968

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