Mooring v. State

MORRISON, Judge.

The offense is the sale of whiskey in a dry area, with prior offenses alleged to enhance the punishment; the punishment, a fine of $400.00.

The sole question presented for review grows out of the allegation and proof of the prior offenses in the instant case. Appellant contends that, since the same prior offenses were alleged and proven to enhance the punishment in another case against the appellant, they may not be used for the same purpose in the instant case, even though the prior case resulted in an acquittal of the appellant. Reliance is had upon the holding of this court…