State v. Fry

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is from a conviction and judgment as a persistent violator of the liquor law on five counts.

*278The first assigned error is in the overruling of the motion to quash the information; first, because of variance between the warrant and the complaint and information, and also discrepancies between the warrant on the one hand and the journal entry of the former conviction and the proof; second, because the complaint and information in four of the five counts incorrectly charged the former conviction as being for both…