State v. . Shepherd

Stacy, J.,

after stating the ease: It is the position of the defendant that the first condition of the suspended judgment, requiring him “to abstain, personally, entirely, from the use of intoxicating liquors,” is unreasonable, and hence he should not be held to answer for its violation. We cannot so hold. This provision constitutes an integral part of the treaty, or covenant, which the defendant voluntarily entered into with the court. It is one of the terms of grace, upon the observance of which the original judgment was to remain suspended. Speaking to a similar question, in S. v. Phillips,…