State v. Durfee

The evidence as to the charged lesser offense, that the defendant had possession of moonshine whisky, is in conflict. I, however, concur in the holding that there is sufficient evidence to support the charge. My dissent goes to other questions.

A violation of the liquor laws of our state is a misdemeanor. If a person having once been convicted of such a violation and thereafter again violates any provision of such laws, he is considered a persistent violator and guilty of a felony. Thus, to properly charge an offense of felony under the liquor laws requires a charge of violation or commission…