McGowan v. State

Appellant was convicted under Code 1942, Section 2613, as a second offender. The statute makes it unlawful and punishable for one to "sell or barter, or give away or keep or have in his possession . . . intoxicating or spirituous liquor . . ." Subsection (b) thereunder provides for an increased penalty "for the second conviction for violating this section."

The indictment alleges that the offense charged was committed in December 1944 "at a time when he, the defendant, had previously, to-wit, Sept. 6, 1939, been duly and legally tried and convicted for the unlawful possession of intoxicating…