Potter v. State

CHRISTIAN, Judge.

Conviction for a misdemeanor; punishment being assessed at a fine of $500.

The complaint and information embraced averments showing a prior conviction. The penalty was enhanced under the provisions of Art. 61, P. C. The State introduced in evidence a certified copy of a judgment of conviction in which the name of the person convicted was Dave Potter. There was a failure to make other proof of the identity of the appellant as the person who committed the offense charged in the prior conviction. The mere recital in a certified copy of the judgment is not sufficient to prove the…