Cencevich

The defendant was charged with the unlawful possession of intoxicating liquor on the twentieth day of March, 1923. The information further charges that the defendant was convicted on the thirteenth day of February, 1923, of the offense of having the unlawful possession of intoxicating liquor. The jury found the defendant guilty as charged and that he had suffered the alleged previous conviction. This appeal is from the judgment of conviction and the order denying defendant’s motion for a new trial.

Appellant contends that the prior conviction was a nullity. Relative to the prior conviction the record shows that the complaint on which it was based was filed in the justice’s court, February 13, 1923; that a warrant of arrest was issued and that the defendant was arrested, taken into court, arraigned and entered a plea of guilty to the charge on the day the complaint was filed; that he waived time for sentence and was thereupon sentenced to pay a fine of one hundred dollars; and that on the fourteenth day of February he paid the fine and was discharged from custody. The complaint filed in the justice’s court, which was introduced in evidence by the defendant, charges the defendant…