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ROGERS v. STATE

7 Div. 7.

42 So.2d 642 (1949)

ROGERS v. STATE.

Court of Appeals of Alabama.

Rehearing Denied October 5, 1949.

Attorney(s) appearing for the Case

Irby A. Keener, of Centre, for appellant.

A. A. Carmichael, Atty. Gen., and M. Roland Nachman, Jr., Asst. Atty. Gen., for the State.

HARWOOD, Judge.

This appellant has been convicted of violation of the State prohibition law. Code 1940, Tit. 29, § 92 et seq. The affidavit filed in this case contains the averment: "That W. C. Rogers has heretofore been convicted of a similar offense."

Our prohibition statute provides special punishment for those convicted a second or a third time of its violation.

In view of this it has been held proper to aver in the affidavit or indictment...

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