DeCARLO, Judge.
Appeal from revocation of probation.
W. C. Armstrong, Jr. was tried for buying, receiving, and concealing stolen property and found guilty. Later he plead guilty to two similar charges, and on February 23, 1971, was placed on probation for seven years. In July, 1973, he was indicted for two cases of robbery and conspiracy to rob, and two cases of kidnapping. On November 15, 1973, he was arrested for these offenses, and a probation violator’s warrant was placed against him. At a hearing four days later, appellant was served with a Probation Delinquency Report wherein the probation officer recommended:
“If testimony is offered inplicating Armstrong in the robbery and kidnapping of Mr. and Mrs. Lewis Faucett, it is my recommendation that his probation be revoked.”
[39]*39Prior to any testimony, appellant’s attorney made a motion that the court grant him a two-step proceeding wherein appellant would be advised in the first proceeding of the nature of the charges, and then be given a reasonable time to meet them. He further argued he should be informed of the specific charge on which the revocation was being sought. The court answered that the main thing it was interested in was the indictments of the grand jury. Appellant’s motion was overruled, and the hearing proceeded.
The State offered testimony of two probation officers; one who was originally assigned to supervise appellant, and one who introduced the violation report.
The primary testimony came from State’s witness, Sandra K. Marshall, who stated that on June 2, 1972, the appellant and Besford Cain met her at the Tuscaloosa Airport. On the previous night, appellant had called her in Missouri about a robbery of Mr. and Mrs. Lewis' Faucett. She testified they expected to get $30,000.-00 from a safe in Faucett’s store, and appellant’s share was to be 25%. On the day of the robbery, after the plans were discussed, she, along with Cain and a man named Bill, went to the Faucett home. They gained admission on the pretense that she was having car trouble. At gunpoint, Mrs. Faucett was bound and her husband was taken to the store. Because of a time-lock, the safe could not be opened, and they returned to the house. Before leaving, they took money, a coin collection, jewelry, and two pistols. One pistol and a shotgun used in the robbery belonged to appellant.
Sandra Marshall further testified that she had known appellant since 1969 and had discussed this robbery with him during the early part of 1972. After the robbery, she changed clothes at someone’s home and went to the Ponderosa Cocktail Lounge operated by appellant. She and Cain remained about two hours discussing with the appellant what happened. Afterwards, this witness and Cain left Tuscaloosa, and in September, 1972, she was arrested on a Federal flight warrant in Illinois. Following her conviction in June 1973, she testified about appellant to the July Grand Jury.
Besford Cain testified that he had known appellant since March, 1972, and had discussed the robbery with him several months earlier. On the day of the robbery, they drove over the route in appellant’s Lincoln, and appellant told them where the safe was located in Faucett’s store. Cain stated the revolver and shotgun used at the Faucett home were provided by appellant.
In giving details of the crime, Mr. and Mrs. Faucett testified that appellant was not one of the three robbers.
The defense then called Thomas Patrick, who testified that appellant was his friend. He further stated that he had not heard or been involved in any discussion concerning the robbery of the Faucetts. On the night of the robbery, he had seen Sandra Marshall and Besford Cain sitting alone at the Ponderosa, and not with the appellant. He further stated that Cain had commented a month before the hearing that if he (Cain) played his cards right, he hoped to get ten years probation in the case.
Appellant was the last defense witness, and his testimony contradicted that of the State. He denied having any knowledge of the Faucett matter until reading of it in the newspaper. Although he admitted knowing Sandra Marshall and Besford Cain, it was only after their arrest that he learned of their involvement. Appellant admitted driving to the airport with Cain to meet Sandra, but testified after driving to the Ponderosa, Sandra and Cain left in a pick-up truck.
After appellant’s testimony, defense counsel rested the case and renewed his previous motion to exclude the evidence. The court overruled the motion and re-[40]*40yoked probation. Appellant’s motion to suspend the judgment and for bond pending appeal were also denied.
On June 28, 1974, our court remanded this case to the circuit court for further evidence on the issue of whether appellant had reasonable notice of the asserted probation violation before November 19, 1973. A return to the remand included this affidavit by Judge W. Aubrey Dominick:
“STATE OF ALABAMA 1 “TUSCALOOSA COUNTY f
“A-F-F-I-D-A-V-I-T
“W. Aubrey Dominick being duly sworn, deposes and says as follows: I-am the Circuit Judge who tried the case of W. C. Armstrong, Jr., Appellant, vs. State of Alabama, Appellee, now on appeal in the Court of Criminal Appeals of Alabama, Case No. 668 Sixth Division.
“On or about November 14, 1973, Honorable Louis Lackey, District Attorney for the Sixth Judicial Circuit of Alabama, came to my office here in the Courthouse in Tuscaloosa, Alabama, and advised me that the Grand Jury of Tuscaloosa County, Alabama, had indicted W. C. Armstrong, Jr., in four separate cases, two for Robbery and two for Kidnapping, and he also advised that he had notified the Probation Officer of this Circuit of these indictments since W. C. Armstrong, Jr., was on probation for a period of seven years following a conviction of said W. C. Armstrong, Jr., by a jury on November 5, 1970, in Case No. 1019-B Circuit Court, Tuscaloosa County, Alabama, and on December 3, 1970, the said defendant was sentenced to five years imprisonment in the State Penitentiary, and on February 23, 1971, the said defendant was granted probation for a period of seven years, all before and by W. Aubrey Dominick, Circuit Judge; Mr. Lackey requested that I take some action in this matter if a probation delinquency report was made to me by the probation officer for said Mr. Armstrong, and I advised him that I would await the action of the probation officer.
“On the morning of November 15, 1973, Mr. Jerry Brazeal, State Parole and Probation Supervisor for Tuscaloosa County, and who was supervising the probation of said W. C. Armstrong, Jr., advised me that W. C. Armstrong, Jr., had been indicted by the Grand Jury of Tuscaloosa County, Alabama, in four separate cases, two for Robbery and two for Kidnapping, and he was in the process of preparing a probation delinquency report on said Mr. Armstrong on account of these indictments, and recommended that I enter a delinquency order and authorize Mr. Armstrong’s arrest, and shortly thereafter the following order was entered on the Court docket by me:
‘It being made to appear to the Court that the Probationer herein is delinquent as such, is reputed to have violated the criminal laws, and consorting with associates of bad repute and that a hearing should be had to determine whether probation herein should be revoked or other action taken by the Court.
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DeCARLO, Judge.
Appeal from revocation of probation.
W. C. Armstrong, Jr. was tried for buying, receiving, and concealing stolen property and found guilty. Later he plead guilty to two similar charges, and on February 23, 1971, was placed on probation for seven years. In July, 1973, he was indicted for two cases of robbery and conspiracy to rob, and two cases of kidnapping. On November 15, 1973, he was arrested for these offenses, and a probation violator’s warrant was placed against him. At a hearing four days later, appellant was served with a Probation Delinquency Report wherein the probation officer recommended:
“If testimony is offered inplicating Armstrong in the robbery and kidnapping of Mr. and Mrs. Lewis Faucett, it is my recommendation that his probation be revoked.”
[39]*39Prior to any testimony, appellant’s attorney made a motion that the court grant him a two-step proceeding wherein appellant would be advised in the first proceeding of the nature of the charges, and then be given a reasonable time to meet them. He further argued he should be informed of the specific charge on which the revocation was being sought. The court answered that the main thing it was interested in was the indictments of the grand jury. Appellant’s motion was overruled, and the hearing proceeded.
The State offered testimony of two probation officers; one who was originally assigned to supervise appellant, and one who introduced the violation report.
The primary testimony came from State’s witness, Sandra K. Marshall, who stated that on June 2, 1972, the appellant and Besford Cain met her at the Tuscaloosa Airport. On the previous night, appellant had called her in Missouri about a robbery of Mr. and Mrs. Lewis' Faucett. She testified they expected to get $30,000.-00 from a safe in Faucett’s store, and appellant’s share was to be 25%. On the day of the robbery, after the plans were discussed, she, along with Cain and a man named Bill, went to the Faucett home. They gained admission on the pretense that she was having car trouble. At gunpoint, Mrs. Faucett was bound and her husband was taken to the store. Because of a time-lock, the safe could not be opened, and they returned to the house. Before leaving, they took money, a coin collection, jewelry, and two pistols. One pistol and a shotgun used in the robbery belonged to appellant.
Sandra Marshall further testified that she had known appellant since 1969 and had discussed this robbery with him during the early part of 1972. After the robbery, she changed clothes at someone’s home and went to the Ponderosa Cocktail Lounge operated by appellant. She and Cain remained about two hours discussing with the appellant what happened. Afterwards, this witness and Cain left Tuscaloosa, and in September, 1972, she was arrested on a Federal flight warrant in Illinois. Following her conviction in June 1973, she testified about appellant to the July Grand Jury.
Besford Cain testified that he had known appellant since March, 1972, and had discussed the robbery with him several months earlier. On the day of the robbery, they drove over the route in appellant’s Lincoln, and appellant told them where the safe was located in Faucett’s store. Cain stated the revolver and shotgun used at the Faucett home were provided by appellant.
In giving details of the crime, Mr. and Mrs. Faucett testified that appellant was not one of the three robbers.
The defense then called Thomas Patrick, who testified that appellant was his friend. He further stated that he had not heard or been involved in any discussion concerning the robbery of the Faucetts. On the night of the robbery, he had seen Sandra Marshall and Besford Cain sitting alone at the Ponderosa, and not with the appellant. He further stated that Cain had commented a month before the hearing that if he (Cain) played his cards right, he hoped to get ten years probation in the case.
Appellant was the last defense witness, and his testimony contradicted that of the State. He denied having any knowledge of the Faucett matter until reading of it in the newspaper. Although he admitted knowing Sandra Marshall and Besford Cain, it was only after their arrest that he learned of their involvement. Appellant admitted driving to the airport with Cain to meet Sandra, but testified after driving to the Ponderosa, Sandra and Cain left in a pick-up truck.
After appellant’s testimony, defense counsel rested the case and renewed his previous motion to exclude the evidence. The court overruled the motion and re-[40]*40yoked probation. Appellant’s motion to suspend the judgment and for bond pending appeal were also denied.
On June 28, 1974, our court remanded this case to the circuit court for further evidence on the issue of whether appellant had reasonable notice of the asserted probation violation before November 19, 1973. A return to the remand included this affidavit by Judge W. Aubrey Dominick:
“STATE OF ALABAMA 1 “TUSCALOOSA COUNTY f
“A-F-F-I-D-A-V-I-T
“W. Aubrey Dominick being duly sworn, deposes and says as follows: I-am the Circuit Judge who tried the case of W. C. Armstrong, Jr., Appellant, vs. State of Alabama, Appellee, now on appeal in the Court of Criminal Appeals of Alabama, Case No. 668 Sixth Division.
“On or about November 14, 1973, Honorable Louis Lackey, District Attorney for the Sixth Judicial Circuit of Alabama, came to my office here in the Courthouse in Tuscaloosa, Alabama, and advised me that the Grand Jury of Tuscaloosa County, Alabama, had indicted W. C. Armstrong, Jr., in four separate cases, two for Robbery and two for Kidnapping, and he also advised that he had notified the Probation Officer of this Circuit of these indictments since W. C. Armstrong, Jr., was on probation for a period of seven years following a conviction of said W. C. Armstrong, Jr., by a jury on November 5, 1970, in Case No. 1019-B Circuit Court, Tuscaloosa County, Alabama, and on December 3, 1970, the said defendant was sentenced to five years imprisonment in the State Penitentiary, and on February 23, 1971, the said defendant was granted probation for a period of seven years, all before and by W. Aubrey Dominick, Circuit Judge; Mr. Lackey requested that I take some action in this matter if a probation delinquency report was made to me by the probation officer for said Mr. Armstrong, and I advised him that I would await the action of the probation officer.
“On the morning of November 15, 1973, Mr. Jerry Brazeal, State Parole and Probation Supervisor for Tuscaloosa County, and who was supervising the probation of said W. C. Armstrong, Jr., advised me that W. C. Armstrong, Jr., had been indicted by the Grand Jury of Tuscaloosa County, Alabama, in four separate cases, two for Robbery and two for Kidnapping, and he was in the process of preparing a probation delinquency report on said Mr. Armstrong on account of these indictments, and recommended that I enter a delinquency order and authorize Mr. Armstrong’s arrest, and shortly thereafter the following order was entered on the Court docket by me:
‘It being made to appear to the Court that the Probationer herein is delinquent as such, is reputed to have violated the criminal laws, and consorting with associates of bad repute and that a hearing should be had to determine whether probation herein should be revoked or other action taken by the Court.
‘It is therefore the order and judgment of the Court and it is ordered and adjudged by the court that probationer herein is delinquent as such, and that probationer be, and hereby is, declared delinquent and that the running of probationers probationary period be and hereby is tolled and stopped and that capias and warrant forthwith issue for arrest of probationer and that when apprehended probationer be brought before the court for hearing [41]*41for the determination of the truth -of the charges made against probationer herein and what action should be taken by the court and whether probation herein should be revoked and order suspending sentence herein set aside.
‘Done and ordered this 15th day of November, 1973.
‘/s/ Aubrey Dominick_ Judge Presiding’
“During the late morning of November 15, 1973, Honorable Drew Redden, Attorney of Birmingham, Alabama, called me via telephone and stated that W. C. Armstrong, Jr., was in his office at that time and wanted Mr. Redden to represent him because he, Mr. Armstrong, understood that the Sheriff of Tuscaloosa County, Alabama, Honorable Beasor Walker, had been looking for him and had a writ of arrest for him in some case or cases, so Mr. Redden told me that he had just called the Sheriff’s office in Tuscaloosa, and a clerk in the Sheriff’s office had avised [sic] him that the Sheriff did have writs of arrest under four separate indictments, two being for Robbery and two for Kidnapping, and that the bond in each case had been set by me at $50,000.00, making a total of $200,000.00. Mr. Redden requested me to reduce the bonds, and I declined, but stated that I would discuss the matter with him, and as I recall, he stated that he would have to prepare a Petition for Habeas Corpus in each case unless I would reduce the bonds. It is my recollection that I then told Mr. Redden that on account of these indictments against W. C. Armstrong, Jr., I had received a delinquency report from the probation officer and had entered an Order of Delinquency against Mr. Armstrong and authorized his arrest, and a prompt hearing on the delinquency order would be set, and the outcome on that hearing could result in no action being necessary concerning the four fifty thousand dollars bonds.
“Later on November 15, 1973, I was informed by Probation Officer Brazeal that he had issued an Order of Probation and Parole Officer Authorizing Arrest of Probationer Violator, and had delivered same to the Sheriff of Tuscaloosa County, Alabama, for service on said W. C. Armstrong, Jr.
“In the afternoon of November 15, 1973, I was advised by someone from the Sheriff’s office, the District Attorney’s office or the Probation office that Mr. W. C. Armstrong, Jr., had come to the Tuscaloosa County Jail and voluntarily submitted himself to Sheriff Beasor Walker or one of his Deputies, and he was placed under arrest. Following that information, I entered the following Order on the Court Docket:
‘It being brought to the attention of the Court that Probationer has been arrested, and has an attorney to represent him, the probation revocation hearing is hereby set for November 19, 1973, at 9:00 o’clock a. m. before the undersigned. Done and Ordered this 15th day of November, 1973.
/s/ Aubrey Dominick, Circuit Judge.’
“I then instructed Probation Officer Brazeal that I had entered an Order setting a Probation Revocation hearing for said Mr. Armstrong for Monday, November 19, 1973, at 9:00 o’clock a. m., and instructed him to advise the probationer, Mr. Armstrong, of this hearing as I understood Mr. Armstrong had been arrested and was in the County Jail. I also instructed Mr. Brazeal to advise Mr. Armstrong’s attorney, Mr. Drew Redden of Birmingham of the time [42]*42of this hearing. During the late afternoon of November 15, 1973, Attorney William N. Clark, an associate of Mr. Drew Redden of Birmingham, came to the Tuscaloosa County Jail, either with or shortly after, said W. C. Armstrong, Jr., had voluntarily submitted himself to Sheriff Beasor Walker and was placed under arrest, and Probation Officer Brazeal went to the Tuscaloosa County Jail and met Mr. Clark, and notified Mr. Clark that a probation revocation hearing for Mr. Armstrong was set for Monday, November 19, 1973, at 9:00 o’clock a. m. before me. Following the meeting between Mr. Brazeal, Mr. Clark and Sheriff Beasor Walker, Mr. Clark came to my office in the later afternoon of that same date, and presented a Petition for Habeas Corpus seeking to reduce Mr. Armstrong’s bond in each case, and I declined to set the Petition for Habeas Corpus for hearing and explained to Mr. Clark that following the four indictments against Mr. Armstrong, I had issued the Order of Delinquency, and that the hearing on the probation revocation was set before me for Monday, November 19, 1973, at 9:00 o’clock a. m., and I explained that if the probation was revoked on said hearing it would not be necessary to consider the Petitions for Habeas Corpus. It is my further recollection that at that time I advised Mr. Clark that I had talked with Mr. Redden via telephone, which Mr. Clark already knew, and that I had issued this Probation Delinquency Order on account of these indictments.
“When Mr. Clark left my office I instructed Probation Officer Brazeal to mail written notice to Mr. Clark confirming the oral conversation with him in which Mr. Clark was advised that the Probation Revocation hearing was set for Monday, November 19, 1973, at 9:00 o’clock a. m. Later on same date Probation Officer Brazeal advised me that the letter was being written and the Probation Delinquency Report was also being prepared.
“On the morning of Monday, November 19, 1973, probably around 9:30 o’clock a. m. Probation Officer Brazeal handed me a copy of the probation delinquency report and stated that he had also given a copy to Mr. Drew Redden. Shortly thereafter we began the probation revocation hearing and during this hearing, I advised Mr. Redden that I was going to hear other matters which were presented by the District Attorney and the Probation Officer, but the main thing that I was interested in was the indictments of the Grand Jury, and I was mainly interested in hearing the evidence concerning these indictments. (Transcript page 96) I also explained in open Court to Mr. Drew Redden why I had set the probation revocation hearing at such an early date. (Transcript page 166 and 167) I was under the impression and am still of the same opinion, that Mr. Drew Redden and Mr. William N. Clark were advised and knew on Thursday, November 15, 1973, that the Probation Delinquency Order was issued and the Probation Revocation Hearing set on account of these four indictments against said Mr. Armstrong.
“Following the probation revocation hearing, District Attorney Louis Lackey and Mr. Drew Redden agreed on reducing each bond in the four cases against W. C. Armstrong, Jr., to $10,000.00 and I approved of the reduction and the bonds were so reduced.
“I am of the opinion that when I talked with Mr. Redden over the telephone on November 15, 1973, and later in the afternoon of the same day talked with Mr. Clark, his partner, I explained to both of them that I was of the opinion that since Mr. W. C. Armstrong, Jr., was on probation after having been convicted in a criminal case and sentenced to five years in the state penitentiary by [43]*43a jury, and since probation was a discretionary matter with the Trial Judge, I, as the Trial Judge, could revoke the probation on account of these indictments in new criminal cases, after a hearing, and I am presently of that same opinion due to the fact that probation is a discretionary matter with the Trial Judge, and I tried the case in which Mr. Armstrong was convicted.
“/s/ W. Aubrey Dominick_
W. Aubrey Dominick
“STATE OF ALABAMA \ “TUSCALOOSA COUNTYJ
“Before me, the undersigned authority in and for said County and State, personally appeared W. Aubrey Dominick, who is known to me, and who by me being first duly sworn, deposes and says that the matters contained in the above affidavit are true and correct to the best of his knowledge and belief.
“/s/ W. Aubrey Dominick_
W. Aubrey Dominick
“Sworn to and subscribed before me on this the ,13th day of August, 1974.
“/s/ Elaine M. Kilgore_ Notary Public in and For Tuscaloosa County, Alabama”
I.
The primary question is whether the procedure for revocation of probation established by the Alabama Code affords the minimal due process requirements laid down by the U. S. Supreme Court in Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972) and made applicable to probation revocation in Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973).
In analyzing what process was due a parolee, the U.S. Supreme Court set out in Morrissey, supra, what it considered to be the two important stages in the typical process of parole revocation:
“(a) Arrest of Parolee and Preliminary Hearing. The first stage occurs when the parolee is arrested and detained, usually at the direction of his parole officer. The second occurs when parole is formally revoked. There is typically a substantial time lag between the arrest and the eventual determination by the parole board whether parole should be revoked. Additionally, it may be that the parolee is arrested at a place distant from the state institution, to which he may be returned before the final decision is made concerning revocation. Given these factors, due process would seem to require that some minimal inquiry be conducted at or reasonably near the place of the alleged parole violation or arrest and as promptly as convenient after arrest while information is fresh and sources are available. Cf. Hyser v. Reed, 115 U.S.App.D.C. 254, 318 F.2d 225 (1963). Such an inquiry should be seen as in the nature of a ‘preliminary hearing’ to determine whether there is probable cause or reasonable ground to believe that the arrested parolee has committed acts which would constitute a violation of parole conditions. Cf. Goldberg v. Kelly, 397 U.S. [254], at 267-271, 90 S.Ct. [1011], at 1020-1022, 25 L.Ed.2d 287.” (Emphasis added)
[44]*44******
“(b) The Revocation Hearing. There must also be an opportunity for a hearing, if it is desired by the parolee, prior to the final decision on revocation by the parole authority. This hearing must be the basis for more than determining probable cause; it must lead to a final evaluation of any contested relevant facts and consideration of whether the facts as determined warrant revocation. The parolee must have an opportunity to be heard and to show, if he can, that he did not violate the conditions, or, if he did, that circumstances in mitigation suggest the violation does not warrant revocation . . . ”
In Gagnon, supra, the court reaffirmed its decision in Morrissey, supra, and added that the procedures necessary for due process in parole revocations were applicable in probation revocations. Specifically, the court held;
“. . . [A] parolee is entitled to two hearings, one a- preliminary hearing at the time of his arrest and detention to determine whether there is probable cause to believe that he has committed a violation of his parole- and the other a somewhat more comprehensive hearing prior to the making of the final revocation decision.
“Petitioner does not contend that there is any difference relevant to the guarantee of due process between the revocation of parole and the revocation of probation, nor do we perceive one. Probation revocation, like parole revocation, is not a stage of a criminal prosecution, but does result in a loss of liberty. Accordingly, we hold that a probationer, like a parolee, is entitled to a preliminary and a final revocation hearing, under the conditions specified in Morrissey v. Brewer, supra.”
The court in Morrissey, supra, acknowledged it could not write a code of procedure and declared :
“. . . [T]hat is the responsibility of each State. Most States have done so by legislation, others by judicial decision usually on due process grounds
Its task, the court explained, was limited to deciding what the minimum requirements of due process were in revocation cases, and set out what they included:
“(a) written notice of the claimed violations of parole;
(b) disclosure to the parolee of evidence against him;
(c) opportunity to be heard in person and to present witnesses and documentary evidence;
(d) the right to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation) ;
(e) a ‘neutral and detached’ hearing body such as a traditional parole board, members of which need not be judicial officers or lawyers; and
(f) a written statement by the factfinders as to the evidence relied on and reasons for revoking parole.”
******
“We have no thought to create an inflexible structure for parole revocation procedures. The few basic requirements set out above, which are applicable to future revocations of parole, should not impose a great burden on any State’s parole system . . . ”
In Gagnon, supra, Justice Powell commented in a footnote that the Supreme Court did not intend “to foreclose the States from holding both the preliminary and the final hearings at the place of violation or from developing other creative solutions to the practical difficulties of the Morrissey requirements.”
[45]*45The proceedings under review were conducted pursuant to Title 42, § 24, Code of Alabama, 1940, which provides that before a probation can be revoked, there must be:
“(1) an arrest of the probationer, either on a warrant of arrest issued by the court, or a written statement by a probation officer;
“(2) a report of such arrest to the court, and
“(3) a hearing, after which the court may revoke the probation or suspension of sentence.” Sparks v. State, 40 Ala.App. 551, 119 So.2d 596.
During the July, 1973, term of the Tuscaloosa County Grand Jury, appellant was indicted and later arrested on four felony charges. A probation violation warrant was placed against him and on November 19, 1973, four days after his arrest, appellant was given a hearing. He was served with a copy of the probation violation report and advised by the court that the main issue under consideration was the four felony charges.
As shown in Judge Dominick’s affidavit, Mr. Armstrong had prior notice of what charges he was going to be called upon to answer. He was given an opportunity to cross-examine the State’s witnesses and to present evidence. At the conclusion of his testimony, the hearing ended and the court entered the order revoking probation.
We believe that the proceedings in this case comply with those minimum requirements of due process mandated in Morrissey and Gagnon, supra.
II.
Appellant next contends that the uncorroborated testimony of the accomplices should have been excluded. Counsel argues that without their testimony, all that remained would have been the indictments, and the existence of the indictments alone was insufficient to revoke probation.
We first note that the strict rules of evidence are not required to be observed in revocation hearings, and evidence which may not be admissible in a criminal prosecution would be admissible in parole or probation proceedings. Morrissey and Gagnon, supra.
While it is true in Alabama that a felony conviction cannot be had on the uncorroborated testimony of an accomplice, Title 15, § 307, Code of Alabama 1940, revocation of probation is not a part of the criminal prosecution, and does not embrace the rights due a person being initially prosecuted for a crime.
In Martin v. State, 46 Ala.App. 310, 241 So.2d 339, Judge Cates, quoting from State v. Duncan, 270 N.C. 241, 154 S.E.2d 53, stated:
“ ‘. . . A proceeding to revoke probation is not a criminal prosecution, and we have no statute requiring a formal trial. Upon a hearing of this character, the court is not bound by strict rules of evidence, and the alleged violation of a valid condition of probation need not be proven beyond a reasonable doubt
On appeal of probation revocation, the question is whether the lower court has abused its discretion, and the proof required to support a judge’s discretionary order revoking probation is not the same proof required for a criminal conviction. Martin v. State, supra.
All that is required is that the evidence presented reasonably satisfy the judge. Fiorella v. State, 40 Ala.App. 587, 121 So.2d 875; Holman v. State, 43 Ala.App. 509, 193 So.2d 770; Martin v. State, supra.
A formal conviction of a crime is not essential to enable a judge to revoke his order of probation. Fiorella v. State, supra; Dixon v. State, 42 Ala.App. 341, 164 So.2d 509.
[46]*46Probation is a matter of grace given to the offender by the trial judge on the basis of an independent investigation and hearing. Surely the same judge who has prescribed probation can determine whether a law has been violated and should be authorized to exercise the same discretion in determining whether a condition of the suspended sentence has been broken.
III.
The trial court’s failure to grant bond pending appeal is the basis of appellant’s final argument. As is contended, this decision is discretionary with the judge under Title 42, § 24, Code of Alabama 1940, but if the evidence suffices to support revocation of probation, it also supports denial of bond pending appeal. Marlow v. State, 43 Ala.App. 494, 192 So.2d 926.
Our required search of the record revealed no instances of error, and based on the foregoing, we affirm.
Affirmed.
CATES, P. J., and TYSON and HARRIS, JJ., concur.
ALMON, J., dissents.