Dabney v. State

George Rose Smith, Justice.

This appeal is from an order revoking the suspended sentence of Arthur Dabney, Jr., on the ground that his theft of a pistol was a breach of one condition of his probation, that he not commit any violation of state law punishable by imprisonment. For reversal Dabney argues that the evidence introduced at the revocation hearing was obtained as a result of an illegal arrest and therefore cannot constitutionally support the revocation. The Court of Appeals transferred the case to us under Rule 29 (4) (b).

There are two fatal flaws in Dabney’s argument. First, when the…