The People v. Jabine

Plaintiff in error prosecutes this writ of error to review the judgment of the circuit court of Fulton county finding him guilty of a second violation of section 33 of the Prohibition act and sentencing him to pay a fine of $1500 and to imprisonment in the State penitentiary. He contends that the judgment should be reversed for the following reasons: (1) Section 33 contravenes section 13 of article 4 of the constitution; (2) the People failed to prove a former conviction of violation of the act; and (3) the court failed to instruct the jury properly as to the form of verdict.

In support of the…