State v. Mitchell

Stukes, Justice.

Appellant was convicted and sentenced in the Court of General Sessions upon indictment for driving a motor vehicle while under the influence of intoxicating liquor, and the indictment further contained the following: “That said offense is not a first offense, the said John W. Mitchell having prior thereto committed a similar offense in said State,” etc. Motion to quash upon the ground that the allegation of prior offense was prejudicial for putting appellant’s character in issue, was overruled, Exception thereto makes the sole question for decision upon appeal. It appears that…