State v. Moran

Miller, Judge:

The defendant was tried and convicted on an indictment charging him with unlawfully and feloniously having in his possession a quantity of moonshine liquor. The statute, sec tion 37 of chapter 32-A of the Code, makes the first offense a misdemeanor, and section 3 of said chapter provides that for a second offense under tne act, the accused shall be guilty of a felony, and that “if it be a second offense, it shall be so stated in the indictment returned, and the prosecuting attorney shall introduce the record evidence before the trial court of the conviction of the first…