Broadhead v. State

BEAUCHAMP, Judge.

The appeal is from a conviction for possessing intoxicating liquor for the purpose of sale with allegations of former convictions for enhancing the penalty. The jury assessed a fine of $1500.00.

The record shows that objection was duly made to the complaint, in so far as it alleged former convictions, because they *635were not alleged as facts by the sheriff, who signed the complaint, but consisted of “presentations” made by the county attorney in the same instrument. To correct this error the court permitted the county attorney to amend the affidavit of the sheriff, inserting the…