Rogers v. State

HARWOOD, Judge.

This appellant has been convicted of violation of the State prohibition law. Code 1940, Tit. 29, § 92 et seq. The affidavit filed in this case contains the averment: “That W. C. Rogers has heretofore been convicted of a similar offense.”

Our prohibition statute provides special punishment for those convicted a second or a third time of its violation.

In view of this it has been held proper to aver in the affidavit or indictment charging violation of this law that the accused has theretofore been convicted of a like or similar offense.

In Mitchell v. State, 22 Ala.App. 300, 115 So.…