O'LEARY v. State

OPINION

ROBERTS, Judge.

This appeal is taken from an order revoking appellant’s probation. Appellant was tried and convicted of the offense of selling a barbituric acid derivative. Punishment was assessed at three years’ confinement, but imposition of the sentence was suspended and appellant was placed on probation. Several months later the State filed a motion to revoke the probation, alleging that appellant had violated a condition of probation which recited, “Neither commit nor be convicted of any offense against the laws of the State of Texas; any other state or of the United States of…