Defendant-appellant John A. Neal was charged and convicted by a jury of the crimes of support by prostitution and rape, violations of C.R.S.1963, 40-9-11 and 40-2-25.
On appeal, defendant raises two issues:
(I) The trial court erred in admitting into evidence Exhibit B, a Xerox copy of the registration card of a local motel; and (II) the trial court erred in denying defendant's motion to suppress evidence of a prior felony conviction.
We do not agree that the admission of the photocopy of defendant's registration card at the motel was erroneous. Independent of, and separate from, the registration card was the testimony of the manager of the motel. In these circumstances, the fact of registration by the defendant
In addition, there was sufficient evidence to raise the inference that the original record was lost so that "the best evidence" rule did not apply, and the admission of a copy was proper. Askins v. Easterling, 141 Colo. 83, 347 P.2d 126; Empire State Surety Co. v. Lindenmeier, 54 Colo. 497, 131 P. 437. See also Hobson v. Porter, 2 Colo. 28.
Concerning defendant's second contention of error in denying his motion to suppress his prior felony conviction, we reaffirm this court's holding in Lacey v. People, 166 Colo. 152, 442 P.2d 402. Therein we stated:
A defendant who takes the witness stand is subject to the same tests of credibility as any other witness. See Candelaria v. People, Colo., 493 P.2d 355, and cases cited therein.
The judgment is affirmed.
ERICKSON, J., concurs in the result.
KELLEY, J., does not participate.