Titus

The defendant was charged by information with the offense of having in his possession intoxicating liquor containing alcohol in excess of one-half of one per cent by volume, for beverage purposes. The information further charged a prior conviction of the offense of posses sion on February 19, 1926, and a second prior conviction of the same offense on October 30, 1926. The jury returned a verdict of guilty of possession and a verdict that defendant had been previously convicted October 30, 1926, and also a verdict that he had previously been convicted on February 19, 1926, and the defendant was by judgment pronounced upon the verdicts ordered imprisoned in the county jail for two years and to pay a fine of two thousand ($2,000) dollars. The defendant appeals from the judgment.

In support of this appeal the appellant first attacks the conviction on February 19, 1926. It appears from the record that on February 18, 1926, a complaint was filed charging the defendant with the sale of intoxicating liquor. On the following day the defendant was brought before the justice of the peace as a magistrate, for arraignment, and after the complaint was read to him the defendant offered to plead…