Martin v. State

DAVIDSON, Judge.

This is an appeal from a conviction for possessing an “illicit beverag'e,” i. e. whiskey, upon which the State tax had not been paid (Art. 666-3a and Sub. (12) of Art. 666-17, P. C.) ; the punishment assessed being a fine of $500.00.

The information first charged the elements necessary to constitute an offense under the above mentioned statute, and then attempted to charge a prior conviction of an offense of like character, to enhance the punishment, under Art. 61, P. C., by the following allegation:

“And I, the affiant aforesaid, upon my oath aforesaid, do further solemnly…