Warner v. State

LATTIMORE, Judge.

Conviction for possessing intoxciating liquor for purposes of sale; punishment, five years in the penitentiary.

Article 62, P. C., and the authorities construing it provide that if one charged with a felony less than capital be also properly charged with having been convicted at some time prior to the commission of the last offense, of another felony which is “the same offense, or one of the same nature,” he shall receive the highest penalty which can be affixed for the offense last committed. Appellant was charged with possessing intoxicating liquor for purposes of sale, and…