Braun

This is an appeal from an order denying a petition for a writ of habeas corpus. January 12, 1926, an information was filed against the appellant in the court below, charging five separate violations of the National Prohibition Act. The first count charged the unlawful possession of property designed for the manufacture of intoxicating liquor, and the fourth count charged the unlawful possession of intoxicating liquor, together with a prior conviction for the same offense. January 15, 1926, a plea of not guilty was entered. March 25, 1926, the plea of not guilty was withdrawn and a plea of guilty to the fourth count was entered, and the defendant was sentenced to. imprisonment in the county jail for the term of 90 days. The remaining counts were thereupon dismissed.

It will thus be seen that the record was fair upon its face, because the plea of guilty to the fourth count, charging the unlawful possession’ of intoxicating liquor and a prior conviction for the same offense, fully supported the judgment and sentence. In the petition for the writ of habeas corpus, the appellant denied that he entered a plea of guilty to the fourth count; but this is not permissible. A record of…