United States v. Erskine
U.S. Circuit Court for the District of District of Columbia
Indictment for perjury committed on the trial of John Ryan, at the last term of this Court, by testifying that Evelina Ridgway, a witness in that cause, was a common drunkard. offered the record of this Court to show that there was such a prosecution against Ryan; and, as evidence of the record, produced the docket entries and minutes of the Court. objected that the docket entries and minutes are not the record, and cited Archbold, Cr.
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Indictment for perjury committed on the trial of John Ryan, at the last term of this Court, by testifying that Evelina Ridgway, a witness in that cause, was a common drunkard. offered the record of this Court to show that there was such a prosecution against Ryan; and, as evidence of the record, produced the docket entries and minutes of the Court. objected that the docket entries and minutes are not the record, and cited Archbold, Cr. L. 318; Queen v. Scott, 6 Mod. 168. The minutes of another court are not the record. Archbold, 81. The whole record must be given in evidence. 1 Harrison’s…
1Opinion of the Court
The Court (Thrtjston, J., absent,)
overruled the objection, and said, that, it being a record of this Court, no copy of the record is necessary to be produced. The Court itself needs not to be judicially informed of its record ; it is presumed to know its own record, and the minutes and docket entries are mere memo-randa to refresh the recollection of the Court and the clerk, and by which he is to make up the roll. The record exists although not reduced to writing in full; and the record is what it ought to be when correctly extended from the minutes. (See Banks's Executors v. Triggs's…
2Cases cited1 opinion
- Squire v. GreerWashington Supreme Court · 1891