Waggoner v. State

on state’s motion for rehearing

WOODLEY, Judge.

The state’s motion for rehearing attacks as void Art. 534 (a) V.A.P.C., upon the ground that the provision for suspension of sentence therein contained is unconstitutional.

While the act of the 53rd Legislature which has now become Art. 534(a) V.A.P.C. refers to the provision as one for suspension of sentence, the power granted therein appears to be more in the nature of probation than suspended sentence.

In either event, the offense being a misdemeanor, the provision is not authorized by Art. IV, Sec. 11 (a) of the Constitution of Texas, and…