State v. Patterson

The opinion of the court was delivered by

Harvey, J.:

This is a prosecution for the unlawful possession of intoxicating liquor — a misdemeanor. Defendant was convicted. He has appealed, and contends, first, that his motion to discharge should have been sustained; and, second, that his plea in abatement should have been sustained.

The information in this case was filed October 21, 1927, and charged the offense as of the “-day of July, 1926.” The mo*771tio'n to discharge avers that this defendant, on a complaint and warrant dated August 20, 1926, was charged and arrested as a persistent violator of…