Ausborne v. State

OPINION

ROBERTS, Judge.

This appeal is taken from an order revoking appellant’s probation. Punishment was originally assessed at five years’ imprisonment for the offense of assault with intent to commit rape. The State’s motion to revoke alleged that appellant had stolen two tires and wheels of the value of fifty dollars.

Appellant first complains that the motion to revoke probation was insufficient to allege a violation of the law. This contention is raised for the first time on appeal. Having failed to question the sufficiency of the motion in the trial court prior to the hearing, the…