Heinze v. People

Upon trial, on a one-count information, charging defendant with driving an automobile on a public highway while under the influence of intoxicating liquor on November 30, 1951, and further, that he had been heretofore convicted on August 29, 1947, for the same kind of offense, defendant was found guilty, sentenced to serve a term of one year in the county jail of Weld county, and pay a fine of four hundred dollars.

The substance of the errors assigned is that the substantive charge should have been stated in one count and the alleged prior conviction in a separate count; that defendant’s…