Forrest v. State

COHEN, Justice.

This is an appeal from a revocation of probation. Appellant was convicted of aggravated assault and given a five-year probated term and a $500 fine. Eight months later, the State moved to revoke probation, alleging that appellant assaulted his wife by striking her with an ashtray. The trial judge revoked probation and assessed punishment of imprisonment for four years.

Appellant contends the evidence was insufficient to revoke his probation because Mary Grace Forrest, his wife, testified unequivocally under oath that he did not assault her.

The only evidence that appellant…