Higdon v. State

• Decision Date: 18 December 1968
• Docket Number: No. 41765,41765
• Citation: Higdon v. State, 436 S.W.2d 541 (Tex. Crim. App. 1968)
• Parties: Jerry Wayne HIGDON, Appellant, v. The STATE of Texas, Appellee.
• Court: Texas Court of Criminal Appeals

Page 541

436 S.W.2d 541

Jerry Wayne HIGDON, Appellant, v. The STATE of Texas, Appellee.

No. 41765.

Court of Criminal Appeals of Texas.

Dec. 18, 1968.

Rehearing Denied Feb. 19, 1969.

Herbert Green, Jr., Dallas, for appellant.

Martin D. Eichelberger, Dist. Atty., Tommy P. Herring, Asst. Dist. Atty., Waco, Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

This is an appeal from an order revoking probation and denying an application for a writ of habeas corpus which complained of appellant's confinement and detention while awaiting the hearing on the motion to revoke.

The facts adduced at the hearing show the following. On November 16, 1961, at the age of 13, appellant was adjudged a delinquent child by the 87th District Court of Leon County, and was placed on probation for a period of three years. Supervision of appellant was transferred to McLennan County authorities. In April 1962, appellant was committed to the Texas Youth Council and taken to the Gatesville Training School. Appellant was released from said school in 1963, and, according to his testimony, was given a one year parole, which he alleged he successfully served. On April 26, 1965, less than two months before his seventeenth birthday, appellant executed a confession reciting that he and a companion burglarized a Waco drive-in. And on April 27, 1965, appellant was returned to Gatesville following revocation of his parole by said Council and an order for his return to their custody. Thereafter, on July 21, 1965, after appellant reached the age of 17, he was tried for the said offense of Burglary and on his plea of guilty was sentenced to serve 3 years in the state penitentiary, which sentence was probated. Motion to revoke probation was filed on December 12, 1967, alleging that appellant had committed an offense, to-wit: a burglary alleged to have occurred in Dallas County on November 13, 1967. The evidence showed that a private...