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DONAHAY v. STATE

3 Div. 2.

255 So.2d 598 (1971)

Thomas Gere DONAHAY, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 2, 1971.

Affirmed after Remandment October 5, 1971.

Further Rehearing Denied November 2, 1971.

Attorney(s) appearing for the Case

Ira DeMent, Montgomery, for appellant.

MacDonald Gallion, Atty. Gen., and Marlin Mooneyham, Asst. Atty. Gen., for the State.

CATES, Judge.

Possession of a pistol after conviction of a crime of violence, Code 1940, T. 14, § 174(a); sentence, three years.

To prove conviction the State, without any predicate to comply with the best evidence rule, used the oral evidence of the Identification Officer of Montgomery County. See Goodwin v. State, 46 Ala.App. 149, 239 So.2d 221.

However, no objection was interposed to this mode of proof. Indeed...

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