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200 Miss. 270

25 So.2d 131

McGowan v. State

Mississippi Supreme Court

Decided March 11, 1946

Mississippi Supreme Court · decided 1946-03-11

Relies on State v. Beaudoin

Good law ✅— No negative treatment on recordhow we know

Decided 1946-03-11

How this case has been cited

Cited by 17 later decisions — most recently December 2007

17 state decisions

401946195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On the original submission appellant made the point, but without the citation of any of the authorities, that no proof was made that the Jack McGowan who was shown by the judgments, introduced in evidence, to have been formerly convicted, was the same person as appellant. He has renewed his insistence upon the point and cites the line of cases which hold that "to warrant the application of a statute authorizing additional punishment of one convicted of crime upon proof of former conviction, the identity of the accused and the one against whom the former judgments were entered must be established by affirmative evidence; mere proof of identity of names not being sufficient."

¶2As against this view there is the line of cases which "holds that identity of name of the defendant and the person previously convicted is prima facie evidence of identity of person, and, in the absence of rebutting testimony, supports a finding of such identity."

¶3The cases of most of them are collected in the notes to State v. Beaudoin, 131 Me. 31, 158 A. 863, 85 A.L.R. 1101, Notes pages 1107-1113, and having considered them, we concur in the view last stated; and because the contention might otherwise arise in these cases in the future, we add this supplement to the original opinion.

¶4Suggestion of error overruled. *282

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