State v. Holder

Defendant was convicted of violating the prohibition laws as a second offender, and appeals from the judgment. The evidence taken at the trial is not before us, the attack centering upon a construction of the statute authorizing a penitentiary sentence in the case of second offenders.

The charging part of the information reads as follows:

“Wherefore, I, Abe Goff, Prosecuting Attorney of Latah County, State of Idaho, by this Information, do accuse the defendant, Walker Holder, of a crime against the State of Idaho, to wit: Being a Persistent Violator of the State Prohibition Act, a felony,…