People v. McDonald

Defendant reviews his conviction and sentence, on a charge of having intoxicating liquor in his possession, by writ of error. The charge was laid in the complaint, warrant and information as a second offense, and the sentence was imposed therefor (Comp. Laws Supp. 1922, § 7079 [51]). No proof was offered on the examination had that defendant had been theretofore convicted of a similar offense.

The question first presented is whether, without such proof, an averment thereof may be made in the information and a conviction and sentence therefor sustained. The validity of the provision for…