Amerson v. State

PRICE, Judge.

Defendant was convicted of the offense of possessing prohibited liquors or beverages. Code 1940, Title 29, Section 98. The affidavit further averred that the “Defendant has heretofore been convicted of violating the Prohibition Laws of this State.”

When there is an averment in the affidavit or indictment as to a former conviction for a like or similar offense, “it becomes an issue in the case, and evidence of it on the trial is necessary for it to have operation.” Yates v. State, 245 Ala. 490, 17 So.2d 777, 779.

On the trial, over defendant’s objections, the state introduced in…