State v. Oyler

McQUADE, Justice.

This appeal from an order and judgment revoking probation and pronouncing sentence on appellant presents for our determination these questions:

Whether, at a hearing on a motion to revoke his probation, appellant could object for the first time to a probationary condition on the ground it was impossible for him to perform such condition ?

If so, whether a probationary condition to “refrain [for one year] from the use of alcoholic beverages,” if demanded of a person who is powerless to abstain from imbibing intoxicating liquor to excess, is so unreasonable that its violation…