State v. Duke

The opinion of the court was delivered by

O’Connor, J.:

The defendant, Elmer McDaniel Duke, has appealed from his conviction of the offense of unlawful possession of a pistol after having previously been convicted of grand larceny (K. S. A. 21-2611).

When his case came on for trial June 13, 1968, defendant waived a jury, and the matter was tried to the court. Defendant stipulated he possessed a pistol, as charged, leaving at issue his former conviction.

The state’s evidence consisted of a certified copy of records on file with the Alabama Board of Corrections which included a copy of “Judgment…