Walton v. State

DICE, Judge.

The offense is the unlawful possession of whisky and beer for the purpose of sale in a dry area with two prior convictions alleged to enhance the punishment; the penalty, eighteen months in jail and a fine of $600.00.

In view of our disposition of the case, a statement of the facts is deemed unnecessary.

Appellant contends that the second and third counts of the information are fatally defective because they do not purport to have been presented into the court by the prosecuting attorney.

The information contains three paragraphs.

Paragraph No. 1, in charging the primary offense,…