Gilligan v. State

OPINION

Before BOOCHEVER, C. J., RABINOW-ITZ, CONNOR and BURKE, JJ., and DIMOND, J. Pro Tem. DIMOND, Justice Pro Tem.

This is a sentence appeal.

In May 1973, following a plea of nolo contendere Gilligan was convicted of the crime of manslaughter and sentenced to imprisonment for five years. Two and one-half years of the sentence were suspended, with Gilligan to be placed on probation during that period of time.

One of the conditions of probation was that Gilligan not consume intoxicating liquor to excess. In May 1976, while Gilligan was on probation, a probation officer visited his home…