Trivillion v. State

Appellant was convicted, as a second offender, of the unlawful possession of intoxicating liquor, under Code 1930, Section 1974(b).

The only assigned error we need here notice is the refusal of the trial court to sustain the defendant’s motion for a peremptory instruction that he could not be found guilty of a second offense. Regardless of the sufficiency vel non of the amended affidavit, it was developed in the evidence that the first offense which was made a predicate for the invocation of Section 1974 (b) was a prosecution and conviction under an ordinance of the City of Brook-haven. A…