Tipton v. State

The plaintiff in error, Wallace Tipton, was indicted in the Circuit Court of Ohion County, for selling whisky within four miles of a schoolhouse, in violation of Acts 1909, chapter 1. The indictment charged only a single sale of whisky.

When the plaintiff in error was arraigned, the attorney-general gave notice that the State would offer in evidence the record of a previous conviction of the plaintiff in error for a violation of the same statute, and would thus seek his conviction for a felony, as a “persistent violator,” under the Public Acts of 1917, chapter 5.

The trial jury was then…