Fowler v. State

OPINION

DALLY, Commissioner.

This is an appeal from an order revoking probation. The appellant was convicted on February 25, 1970, for the unlawful sale of a barbituric acid derivative, a dangerous drug; punishment of imprisonment for ten years was assessed; the imposition of the sentence was suspended and the appellant was placed on probation. After hearing the State’s motion the Court revoked probation on September 21, 1973, and sentence was imposed.

The appellant urges that the Court abused its discretion in revoking probation because,

“First, there is a variance between the pleading and proof…