State v. Oliver

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is from a conviction and sentence as a persistent violator under the prohibitory liquor law. The errors assigned hinge upon the question of whether the crimes charged were misdemeanors or felonies, and whether or not defendant had the necessary preliminary hearing.

The defendant was charged in two counts with unlawful possession and with the unlawful keeping and maintaining of a nuisance, without the use of the word “feloniously,” or any reference to his being a persistent violator, but in connection with each count…