McKinley

People v. McKinley

Good Law
1934 Cal. LEXIS 476·2 Cal. 2d 133·39 P.2d 411
Supreme Court of CaliforniaDecember 26, 1934Crim. 3832California598 words

Opinion

Opinion

Shenk, J.

The defendant was charged by information in two counts with obtaining money under false pretenses amounting to petty theft, with prior conviction of a felony. He was found guilty by a jury of the offense charged under each count and of the charge of prior conviction. He was sentenced by the court to imprisonment in the state prison at Folsom for the term prescribed by law.

The defendant on this appeal from the judgment of conviction devotes his arguments to the main contention that the evidence is insufficient to justify the judgment of conviction of the prior conviction of a felony.

There was admitted in evidence, certified by the keeper of the records of Oklahoma state prison, a judgment of conviction of the crime of obtaining money under false pretenses, the fingerprints and photographs of one J. W. McKinley, and an affidavit that the judgment of conviction accompanied J. W. McKinley at the time he was committed to the- Oklahoma state prison and that the fingerprints and photographs were made at that time. It was in evidence that the defendant’s fingerprints were the same as the fingerprints introduced with the record of conviction in the state of Oklahoma. On…

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