Prater v. State, 4 Div. 691

Decision Date17 June 1969
Docket Number4 Div. 691
Citation45 Ala.App. 78,224 So.2d 679
PartiesCharles E. PRATER v. STATE.
CourtAlabama Court of Appeals

Farmer & Farmer, Dothan, for appellant.

MacDonald Gallion, Atty. Gen., and Marlin Mooneyham, Asst. Atty. Gen., for the State.

CATES, Judge.

Prater was indicted and convicted of falsely pretending to Paul Brown with intent to defraud that he owned an inventor's patent, etc. The trial judge fixed his punishment at three years imprisonment.

The State over objection which was overruled, introduced an uncertified copy of letters patent. The heading noted Prater as 'assignor to P.A.B.B. Incorporated, Meridian, Miss.'

In its uncertified form this document was hearsay. Code 1940, T. 7, § 432 provides in pertinent part:

'As an additional or alternative mode of proof, the following documents may be proven as follows: * * *

'9. Documents in the departments of the United States government, by the certificate of the legal custodian thereof.'

The admission of this document was prejudicial and requires a reversal of the judgment of conviction. We forego consideration of how the State can prove as of the period November 11--December 2, 1964 (the span of time covered by Brown's payments to Prater) that the letters patent (if certified) were still under assignment to a person other than Prater.

The judgment of the Circuit Court is reversed and the cause is there remanded for a new trial.

Reversed and remanded.

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4 cases
  • Pack v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 9 Octubre 1984
    ... Page 910 ... 461 So.2d 910 ... Danny Lamar PACK ... 6 Div. 117 ... Court of Criminal Appeals of Alabama ... Oct. 9, 1984 ... jury charge concerning criminal tampering in the second degree; and (4) the trial court erred in its interpretation of the breaking and entering ... ...
  • Baise v. State, CR-18-0616
    • United States
    • Alabama Court of Criminal Appeals
    • 25 Octubre 2019
  • Robinson v. State
    • United States
    • Alabama Court of Appeals
    • 30 Junio 1969
    ...224 So.2d 675 ... 45 Ala.App. 74 ... James ROBINSON ... 5 Div". 718 ... Court of Appeals of Alabama ... June 30, 1969 ...       \xC2" ... See 6 ... Ala. Digest Criminal Law, k517(4) for numerous decisions. But in the absence of an objection or motion ... ...
  • Brown v. State, 6 Div. 706
    • United States
    • Alabama Court of Criminal Appeals
    • 1 Abril 1975
    ...reception of the record in the absence of authentication. As additional authority for this position, we are directed to Prater v. State, 45 Ala.App. 78, 224 So.2d 679, where the appellant was convicted of falsely pretending he owned an inventor's The Alabama Court of Criminal Appeals held t......

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