State v. Beery

The opinion of the court was delivered by

West, J.:

The defendant appeals from a conviction under the persistent-violator act by reason of a violation of the bone-dry statute.

Counsel agree that this is the sole question presented: “Is a violation of section 1 of chapter 215 of the Laws of 1917, by merely having intoxicating liquor in one’s possession, a second offense under section 5541 of the General Statutes of 1915, making the defendant a persistent violator?” This depends upon the intention of the legislature ascertainable by the language used in the various acts touching the subject of…