United States v. Duff

Benedict, D. J.

The defendant was tried and convicted of having deposited in the mail a lottery circular. He now *46moves for a new trial. One ground of the motion is that error was committed at the 'trial in admitting secondary evidence of the contents of a letter sent to the accused, without proof of sufficient notice to produce the original. The case shows that the place of business of the accused was in Nassau street, near the place of trial. It was proved that notice to produce the original letter was served upon the defendant’s attorney on the afternoon of the day before the trial, at 20…