State v. Ottensmeyer

The appellant was charged by information and convicted in the Circuit Court of Newton County of possessing intoxicating liquor in December, 1929. As bearing on the punishment to be assessed the information contained allegations of two prior convictions for violation of the prohibition law. The offense was a misdemeanor, Sections 4481, 4524, Revised Statutes 1'9'29, and still is (see Laws .1931, p. 243). But inasmuch as the record was thought to present certain constitutional questions the Spring-field Court of Appeals transferred the appeal to this court, its opinion being reported in 37 S.…