OPINION  -  AG  -  ** POSSESSION OF INTOXICATING LIQUOR  -  SECOND OFFENSE  -  AFTER FORMER CONVICTION ** 37 O.S. 94 [ 37-94 ] MAKING IT THE DUTY OF THE COUNTY ATTORNEY TO DILIGENTLY ENFORCE ALL PROVISIONS OF THE PROHIBITORY LIQUOR LAWS, AND INASMUCH AS 37 O.S. 12 [ 37-12 ] PROVIDES FOR A MORE SEVERE PENALTY FOR THE SECOND AND ALL SUBSEQUENT CONVICTIONS, WE THEREFORE BELIEVE THAT WHEN THE COUNTY ATTORNEY FINDS THE FACTS BEFORE HIM ESTABLISH A VIOLATION OF 37 O.S. 12 [ 37-12 ], HE SHOULD CHARGE THE DEFENDANT UNDER THE SECOND OFFENSE STATUTE. (VIOLATION, LIQUOR LAWS, PUNISHMENT) CITE: 37 O.S. 94 [ 37-94 ], 37 O.S. 93 [ 37-93 ], 37 O.S. 1 [ 37-1 ] (LEWIS A. WALLACE)