State v. Smith

Tayeoe., Justice.

The appellant, Milton Smith, was tried and convicted oh March 2, 1948, by the Court of General Sessions for Oconee County upon an indictment charging him with driving an automobile while under the influence of intoxicating liquors.

Notice of intention to appeal was duly served and appellant now comes before this Court upon exceptions which present first the question of whether it was error to allege in the indictment that the offense charged was a second offense. Section 1004 of the Code of 1942 provides: “Every objection to any indictment for any defect appearing on the face…