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STATE v. MICHAELS

No. 7127SC208.

180 S.E.2d 442 (1971)

11 N.C. App. 110

STATE of North Carolina v. Billy Hugh MICHAELS.

Court of Appeals of North Carolina.

April 28, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Attys. Gen. William W. Melvin and T. Buie Costen for the State.

Childers & Fowler by Max L. Childers and H. L. Fowler, Jr., Mount Holly, for defendant-appellant.

GRAHAM, Judge.

G.S. § 15-147 provides: "In any indictment for an offense which, on the second conviction thereof, is punished with other or greater punishment than on the first conviction, * * * a transcript of the record of the first conviction, duly certified, shall, upon proof of the identity of the person of the offender, be sufficient evidence of the first conviction." (Emphasis added.)

The State did not offer into evidence any record, certified...

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