State v. Schmidt

The opinion of the court was delivered by

Burch, J.:

The defendant was convicted on the first, second, third and fifth counts of an information charging him with persistent violation of the prohibitory liquor law, and appeals.

*458The first count of the information charged a sale of intoxicating liquor in July, 1913, a former conviction in the district court on December 30, 1905, and former convictions before L. H. Webb, a justice of the peace, on July 7, 1904, December 8, 1904, and April 18, 1905. The verdict and judgment rest on proof of a sale in August, 1912, and proof of all former convictions.

T…