State v. Young

The opinion of the court was delivered by

Dawson, J.:

The defendant was convicted as a persistent violator of the prohibitory law on separate counts of possession and transportation of intoxicants. He appeals, presenting two questions, which challenge the sufficiency of the information and of the evidence.

Touching the first of these, it is urged that the second count did not charge a felony because of the want of an allegation that prior to the commission of the offense for which he was being prosecuted he had theretofore been duly convicted of an offense against the prohibitory law. But in the…