Drake v. State

The defendant, Jug Drake, was charged in the district court of Tillman county with the crime of selling intoxicating liquor, and as a second offender; was tried, convicted and sentenced to serve a term of one year1 in the penitentiary, and pay a fine of $100, and has appealed.

The first assignment of error is: The error of the trial court in overruling the demurrer to the information.

The information, after alleging the prior offense, stated: “* * * on or about the 24th day of February, 1939, * * * the said Jug Drake * * * did then and there knowingly, willfully, unlawfully and feloniously sell…