Cooper v. Commonwealth

The plaintiff in error, hereinafter called the accused, was convicted under the prohibition statute (Acts 1918, ch. 388, p. 578) of a second offense of transporting and selling ardent spirits, and sentenced to a term of three years in the penitentiary. Several of the errors assigned raise the same questions that were disposed of adversely to the accused in another case (133 Va. 654, 112 S. E. 799), and will not be further noticed.

The indictment contains no direct allegation of the conviction of the first offense, but only a recital thereof. It alleges the commission of an offense under the…