This  was  an  indictment  in  the  court  below  for  retailing  vinous
and  spirituouB  liquors,  without  license,  to  one  John  Hobart,  and
to  divers  others  to  the  grand  jurors  unknown,  in  the  first  count
The  second  count  contained  the  same  charge,  with  the  addi-
tional averment  that  the  prisoner  *'  suffered  and  permitted  the
liquors  to  be  drunk  in  his  house  and  on  his  premises."


Eep.,  367.]  Koooo  v.  State.  1281

To  this  indictment  the  prisoner  pleaded  specially  a  former
oonyiction  for  the  same  offense,  and  set  out  with  his  plea  the
record  of  his  conviction,  from  which  it  appeared  that  at  the
aame  term  of  the  court  at  which  the  present  indictment  was
found  against  him,  in  the  first  coimt  of  which  he  was  charged
with  retailing  yinous  and  spirituous  liquors  in  less  quantities
than  one  gallon,  and  without  license,  to  ^^  John  Smith  and  divers
oiher  persons  to  the  grand  jurors  unknown ; "  and  in  the  second
count  he  was  charged,  in  the  same  language,  with  the  addi-
tional averment,  *^  that  he  suffered  and  permitted  the  same  to
be  drunk  in  his  house  and  on  his  premises."  It  also  appeared
that  he  had  been  convicted  on  this  last-mentioned  indictment,
upon  his  plea  of  guilty,  and  had  been  sentenced.
