Opinion
6 Div. 832.
April 1, 1975.
Appeal from Circuit Court, Marion County; Carlton Mayhall, Jr., Judge.
Bill Fite, Hamilton, for appellant.
Where probationer was not arrested on warrant issued by court, and where probation officer failed to file written report showing in what manner probationer had violated probation, jurisdictional requirements were not met and revocation of probation was invalid. Phillips v. State, 291 So.2d 751, 52 Ala. App. 297, 1940 Code of Ala., as last amended, Title 42, Section 24.
No brief for the State.
Pursuant to the decision of the Alabama Supreme Court in Armstrong v. State, 1975, 294 Ala. 100, 312 So.2d 620, we remand the cause to the Circuit Court of Marion County with directions to carry out the probation revocation of appellant in the manner laid down in Armstrong, supra.
Remanded with directions.
All the Judges concur.
Affirmed without opinion after return to remand, 56 Ala. App. 727, 322 So.2d 741.