Sanders

This is an appeal from an order of the superior court of the city and county of San Francisco granting a motion to revoke and terminate defendant’s probation. Appellant was accused by information of the crime of grand larceny committed in December, 1921. ITe was convicted on January 26, 1922, and on February 24, 1922, the court granted him probation for a period of three years and ordered that he return to his home in Oklahoma City, Mississippi, and report to the probation officer weekly by letter.

On October 10, 1922, a motion of the probation officer to revoke and terminate the probation came on for hearing. After several continuances granted at the request of the defendant, the motion of the probation officer was granted.

Appellant objects to the action of the trial court upon the ground that at the hearing on the motion of the probation officer hearsay testimony was admitted, and that defendant was not properly served with notice of said hearing.

Apart from any hearsay evidence which appears in the record, there were proven sufficient facts by unimpeachable evidence to warrant the exercise of the discretion of the court in revoking the probation. They are: The defendant did…