State v. Michaels

GRAHAM, Judge.

G.S. 15-147 provides: “In any indictment for an offense which, on the second conviction thereof, is punished with other or greater punishment than on the first conviction, ... a transcript of the record of the first conviction, duly certified, shall, upon proof of the identity of the person of the offender, be sufficient evidence of the first conviction.” (Emphasis added.)

The State did not offer into evidence any record, certified or uncertified, to show defendant’s previous conviction. Rather, *112it undertook to establish the previous conviction by the testimony of a magistrate…