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STATE v. OYLER

No. 9946.

436 P.2d 709 (1968)

STATE of Idaho, Plaintiff-Respondent, v. Virgil G. OYLER, Defendant-Appellant.

Supreme Court of Idaho.

January 30, 1968.

Attorney(s) appearing for the Case

McFadden & Park, St. Maries, for defendant-appellant.

Allan G. Shepard, Atty. Gen., Roger B. Wright, Deputy Atty. Gen., Boise, and Thomas G. Morris, Pros. Atty., for Benewah County, for plaintiff-respondent.

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...

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