People v. Mullaly

The information herein charges the defendant with the offense of unlawful possession of intoxicating liquor and alleges that prior to the commission thereof he was “duly convicted of the offense of unlawfully having intoxicating liquor in his possession. ’ ’ He admitted the prior conviction and was convicted of the offense charged. This appeal is from the judgment and .the order denying a new trial.

At the time of the alleged offense the defendant was conducting a hotel. On the twenty-third day of February, 192'5, between 8 and 10 o’clock P. M., a deputy sheriff, a constable, and two city…