Tramp v. State
| Decision Date | 23 December 1920 |
| Docket Number | 21494 |
| Citation | 181 N.W. 181,105 Neb. 386 |
| Parties | ANTON TRAMP v. STATE OF NEBRASKA |
| Court | Nebraska Supreme Court |
ERROR to the district court for Knox county: ANSON A. WELCH, JUDGE. Affirmed.
AFFIRMED.
F. L Bollen and R. J. Millard, for plaintiff in error.
Clarence A. Davis, Attorney General, and C. L. Dort, contra.
OPINION
Plaintiff in error was convicted in the district court for Knox county of giving to one Carl Yonke a quart of whiskey in violation of chapter 187, Laws 1917.
May 27 1919, the county attorney filed an information in two counts, the first of which charged that defendant gave and furnished to one Carl Yonke about one quart of whiskey, and alleged that this was defendant's third offense, he having been twice convicted of a violation of chapter 187. The second count charged defendant with another separate and distinct violation of the same statute. June 2, 1919, defendant being present in court, the state was given leave to withdraw the information then on file and permitted to file an amended information instanter, and, on application of defendant, the trial of the cause was continued to the succeeding term. The amended information, filed by leave of court, charged that--"On the 18th day of July, 1918, he, the said Anton Tramp, then and there being in said county of Knox, did then and there unlawfully, wilfully, maliciously and feloniously give and furnish to one Carl Yonke certain intoxicating liquors, to wit, about one quart of intoxicating liquor, commonly called whiskey, which act was the third offense of said Anton Tramp, in violation of chapter 187 of the Laws of the 1917 legislature of the state of Nebraska, to wit, he having violated said chapter 187 in Dixon county, Nebraska, on April 14, 1918, and pleaded guilty to said violation on the 16th day of April, 1918, in the county court of Dixon county, Nebraska, and also violated said chapter 187 in Knox county, Nebraska, prior to this offense, by furnishing and giving to Otto Bartz three drinks of intoxicating liquor, commonly called whiskey, on the 18th day of July, 1918, and was convicted of said offense on the 19th day of September, 1918, in the county court of Knox county, Nebraska." To this amended information defendant filed a general demurrer. The demurrer was overruled. October 17, 1919, defendant filed his plea in bar to the amended information filed June 2, 1919. The county attorney thereupon filed a demurrer to the plea in bar, which was overruled by the court, but upon request of the county attorney he was given leave to withdraw the amended information then on file and to file an amended information instanter. The county attorney thereupon filed his second amended information in form and substance the same as the first amended information. October 20, 1919, defendant, being present in court, was arraigned and placed on trial under the second amended information. The jury found defendant guilty as charged and ...
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