Lamb v. State

ALLEN, Judge.

The defendant below, appellant here, appeals from a conviction and sentence on a charge of operating and maintaining a place where intoxicating liquor was sold, as a second offender.

Point 4 raised by the appellant is as follows :

“That the Court erred in denying the defendant’s motion to quash the charge on the grounds that the second offender law is based on the theory of additional punishment for habitual offenders and in order for a valid charge to have been made under this act it would be necessary that the defendant be convicted of the second offense on a separate information…