State v. Stalheim

*378SCHWAB, C. J.,

concurring.

I concur in the majority opinion. However, I wish to note that I do not believe that we can find the comfort of supporting authority in the cited opinions from other jurisdictions. None of them considers the question which we have answered in the negative: Is a person who has a cause of action for wrongful death an aggrieved person within the meaning of the statute we are here construing?

That statute is drawn so loosely that it thrusts upon us the basic policy decision of the desirability of a condition of probation like that imposed in this case. While the position urged in dissent is not without appeal, my conclusion — on policy grounds — is the same as the majority’s.