Scamardo v. State , 1974 Tex. Crim. App. LEXIS 1924 ( 1974 )

ONION, Presiding Judge

(concurring in part and dissenting in part).

I concur in the result reached, but dissent to that portion of the opinion declaring the burden of proof in a revocation of probation proceeding to be “by a preponderance of the evidence.” I remain convinced that the proper burden of proof is “beyond a reasonable doubt” for the reasons stated in my dissenting opinion in Kelly v. State, 483 S.W.2d 467, 473 (Tex.Cr.App.1972).