Cucco v. State

ALDERMAN, Chief Judge.

In this revocation of probation case the defendant contends that he was denied due process of law. We reverse.

The State alleged that the defendant violated his probation by failing to live and remain at liberty without violating any law in that he committed grand larceny by participating in the theft of 35 rolls of barbed wire. The defendant denied this charge and a trial was held. At the conclusion of the hearing the trial judge stated:

It is my factual conclusion that the defendant Cucco is not guilty of grand larceny; but is guilty of participating in the sale of…