State v. . Libby

Per Curiam. Tbe defendant contends: “There is tbe fundamental principle of evidence that proceedings in a court of record are evidenced by tbe record, and proof outside of tbe record is inadmissible to establish such proceedings, without proof of tbe loss or destruction of tbe record. Gauldin v. The Town of Madison, 179 N. C., 461.” Tbe above is well settled by law, but is not applicable on tbe present record. Tbe defendant, in tbe High Point municipal court, pleaded guilty on three warrants charging him with tbe unlawful sale of intoxicating liquor. He was sentenced and appealed to tbe Superior Court. *364 and pleaded not guilty, and was tried and convicted by tbe jury, and again sentenced, and appealed to the Supreme Court. In tbe Superior Court tbe evidence was plenary as to tbe unlawful possession of intoxicating liquor as charged in the warrants. Tbe original warrants were sent up on tbe appeal, and defendant was tried on same. Tbe warrants were introduced and identified by officers present at tbe bearing when tbe defendant pleaded guilty in tbe High Point municipal court. They were offered to show tbe date and in corroboration of defendant’s plea of guilty. Tbe warrants themselves show tbe plea of guilty and were fully identified as tbe records in tbe High Point municipal court. It is well settled that a plea of guilty on a prior trial may be proved in a subsequent trial for tbe same offense. In tbe trial in tbe court below, we see no prejudicial or reversible error. No error.