Clinton v. State

The plaintiff in error was charged in an information with having possessed beverages of an alcoholic content of more than 14 per centum, by weight, in containers lacking excise liquor stamps and with having theretofore “plead guilty in this court” of the same offense and having been “adjudged by the court guilty of said charge * * (Chapter 16774, Laws of Florida, Acts of 1935, Sec. 15.)

He urges that the allegation of the prior prosecution was insufficient because it was not specifically averred that the defendant had been formerly convicted of the crime, that being the particular expression…