State v. Simon

The judgment under review should be affirmed, for the reasons expressed in the opinion by Mr. Justice Parker in the Supreme Court. However, we reserve opinion upon the question whether, in order to lay the foundation for impeaching a witness by a written statement, the writing containing such statement must be produced and shown, and also upon the intimation that such a paper when in the possession of a party need not be produced upon timely notice but only when subpoenaed. In the instant case there had been no notice to produce. The paper was in the possession of the special…