Court of Criminal Appeals of Texas
David Michael Barnett, Appellant v. the State of Texas, Appellee
April 22, 19811981 Tex. Crim. App. LEXIS 983
Summary
The Court affirmed the trial court's order revoking David Michael Barnett's probation, holding that the evidence supported findings of resisting arrest and assault, that the trial court did not abuse its discretion, and that Texas Penal Code §38.03 is constitutional. The Court also ruled that Barnett failed to preserve alleged errors regarding cross‑examination and that the statute does not violate the Fourth or Fourteenth Amendments.