Sincup v. Blackwell

I respectfully dissent. For reasons stated below, our system of probation does not intend or permit the indiscriminate revocation of probation and automatic commitment to imprisonment as was done here.

I

The trial court found that defendant did on October 7,1979 drink intoxicating beverages, to wit, Busch beer, and that this constituted violation of a special condition of his probation, for which probation was revoked.

The single bit of evidence on which this finding rests is that a deputy sheriff saw defendant drink from a can labelled Busch beer.

I doubt if this is sufficient. There is no…