State v. Pennye

McFarland, justice.

Edward Charles Pennye, hereinafter referred to as defendant, was charged and convicted of assault with a deadly weapon, with a prior conviction, and sentenced to a term of not less than ten nor more than thirty years. From this conviction and sentence he appeals.

The prior conviction of murder without malice was proven by a copy of a legally-authenticated conviction record, upon which appeared the name of “Edward Charles Pennye.” On appeal, this Court held that identicalness of the name on the record, and the name of defendant, is insufficient to establish the prior…