Mitchell v. State

Section 4622 of the Code of 1923 provides penalties for the violations of certain statutes, one of which we here have for consideration. In this section there is provided special punishment for second and subsequent violations of the prohibition law. In this ease the solicitor in drawing the indictment incorporated an allegation to the effect that the defendant “has heretofore been convicted of violating the prohibition laws of the state.” This averment does not render the indictment subject ,to demurrer, but is proper to put the court on notice that upon conviction it will be the court’s…