State v. Comer

COLLINS, Justice.

Martin Comer (defendant) appeals from Superior Court decision (Penobscot County, Smith, J.), revoking his probation. Defendant argues that the record does not contain sufficient evidence of excessive use of intoxicating liquor to support the revocation of probation and that the condition of probation forbidding excessive use of alcohol is unconstitutionally vague.

In June, 1991, the State moved to revoke defendant’s probation. At the revocation hearing the State presented the testimony of several witnesses who testified that they had either observed defendant drinking alcohol…