Carnes v. Commonwealth

CLAY, Commissioner.

Appellant was convicted of possession of alcoholic beverages for sale in local option territory, a second offense, was fined $100 and given a jail sentence of 60 days.

The first contention is that the indictment was fatally defective in that it did not allege the conviction of the first offense as being prior to the second offense with which appellant was charged.. We do not find in the record any motion attacking the indictment. (See RCr 8.14, 8.16 and 8.18.) Assuming there was, the statement in the indictment, “second offense”, was sufficient to apprise the defendant under…