Gist v. State

DAVIDSON, Judge.

On October 29, 1951, appellant, upon his plea of guilty, was convicted in the district court of Bell County of the felony offense of assault with intent to murder, with punishment assessed at five years in the penitentiary.

Sentence was not, at that time, pronounced under the judgment. The imposition of sentence was suspended, and appellant was placed upon probation under the conditions stated in the order of probation.

On November 20, 1953, the state filed a motion to revoke the probation, alleging a violation by appellant of the conditions of probation. This motion was set by…