Hildebrandt v. State

Among other questions involved in this appeal, it is contended that the statute under which the defendant was convicted is unconstitutional for two reasons: (1) That the law does not create the second offense a crime any greater than a first violation, and, therefore, because there is no crime created by the statute to be known as a second offense or violation, the second offense can be no greater than the first in point of punishment, and, as the first offense is a misdemeanor, a second conviction must likewise be, in the absence of any statute defining what shall constitute a second…