State v. Shelfer

The appellant stands convicted of a second offense of having whisky in his possession for sale for beverage purposes. It was charged in the bill of information and was proved on the trial that he had been convicted in the same court for a previous offense of having intoxicating liquor in his possession for sale for beverage purposes. On conviction of the second offense, therefore, he was sentenced according to the enhanced penalty “for the second or subsequent offense,” as prescribed by section 3 of Act 39 of 1921, p. 43. The penalty prescribed for manufacturing or selling intoxicating…