Perry v. State

OPINION

ONION, Judge.

This is an appeal from an order revoking probation wherein the appellant contends the evidence is insufficient to sustain the alleged violation of probationary conditions. We agree and hold that the trial court abused its discretion in revoking probation.

The record reflects that on July 30, 1968, the appellant waived trial by jury and entered a plea of guilty before the court to the offense of passing as true a forged instrument. The punishment was assessed at five years, but the imposition of the sentence was suspended and the appellant granted probation.

Among the terms…