OPINION BY GUNTHER, J., January 14, 1955:
The defendant was indicted under the Liquor Code for unlawful possession of alcoholic liquor. Pursuant to § 494 of The Liquor Code, 47 PS § 4-494, which provides for a jail sentence for second offenders, the indictment included an averment of prior conviction of a similar offense. The defendant was tried by a judge without a jury, was found guilty and sentenced to pay a fine and serve three months in prison. He has...
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