State v. Byrd

The defendant was indicted for the crime of being an ex-convict in possession of a firearm capable of being concealed upon his person. Hpon trial he was found guilty and from the judgment appeals.

The defendant contends the trial court erred in failing to direct a verdict of not guilty as presented upon his motion.

The basis of the motion is that there is a failure of proof, in that the evidence introduced is insufficient to support a finding by the jury that defendant had been formerly convicted of a felony.

To establish the prior conviction, the state offered in evidence an exemplified copy of…