People v. Spears

The appellant was charged with unlawfully selling and furnishing intoxicating liquors. In the complaint, warrant, and information this violation was specifically charged as a second offense, and defendant was found guilty. The first two assignments of error are based upon the refusal of the trial court to quash the information, or at least his refusal to strike out that portion of the information whereby this violation was charged as a second offense; it being defendant’s claim that there was no' competent evidence introduced at the examination to support the charge as a second offense. The…