Stover v. State

DAVIDSON, Judge.

The primary offense charged was the unlawful possession of whisky for the purpose of sale in a dry area. The information contained two counts alleging prior convictions of appellant of offenses of the same nature, for the purpose of enhancing the punishment under Art. 61, P. C. All counts were sub*427mitted to the jury, and appellant’s punishment was assessed at one year in jail.

No motion was made in the trial court to quash the counts alleging prior convictions. However, appellant did reserve proper exceptions to the charge, challenging submission thereof to the jury, because the…