Commonwealth v. Hubbard
Superior Court of Pennsylvania
Appeal, No. 230, Oct. T., 1916, by defendant, from judgment of Q. S. Potter Co., Sept. T., 1914, No. 2, on verdict of guilty in case of Commonwealth v. W. H. Hubbard, Ansel Hubbard, et al. Indictment for conspiracy to defraud insurance companies by tbe burning of a hotel and barn. At tbe trial tbe Commonwealth offered in evidence a copy of an assignment of a contract relating to tbe property which was burned, to W. H. Hubbard, one of tbe defendants.
Read the full summary
Appeal, No. 230, Oct. T., 1916, by defendant, from judgment of Q. S. Potter Co., Sept. T., 1914, No. 2, on verdict of guilty in case of Commonwealth v. W. H. Hubbard, Ansel Hubbard, et al. Indictment for conspiracy to defraud insurance companies by tbe burning of a hotel and barn. At tbe trial tbe Commonwealth offered in evidence a copy of an assignment of a contract relating to tbe property which was burned, to W. H. Hubbard, one of tbe defendants. Tbe offer was made to show title in Hubbard. The original of the assignment was shown to be in the possession of Hubbard. The defendants objected…
1Opinion of the Court
Opinion by
Kephart, J.,
The general rule with respect to the introduction of secondary evidence of the contents of a writing, which is in the possession of one of the parties to a suit, required, before such evidence be introduced, that notice be given demanding the production of the original. This rule in civil causes is subject to certain exceptions. Where the writing forms the subject-matter of the litigation, prior notice to produce is not required. It is not exactly correct to say that the. general rule applies to criminal cases *216as well as civil cases, particularly as applied to the…
2Cases cited4 opinions
- United States v. ReyburnSupreme Court of the United States · 1832
- McGinnis v. StateIndiana Supreme Court · 1865
- State v. GurneeSupreme Court of Kansas · 1874
- Commonwealth v. WilcoxSuperior Court of Pennsylvania · 1914
3Cited by8 opinions
- Commonwealth v. EVANSSuperior Court of Pennsylvania · 1959
- Commonwealth v. ValerosoSupreme Court of Pennsylvania · 1922
- Commonwealth v. MontaneroSuperior Court of Pennsylvania · 1953
- Powell v. CommonwealthSupreme Court of Virginia · 1937
- Commonwealth v. DumberSuperior Court of Pennsylvania · 1918
3 more not listed; retrieve them via the Exa API.