State v. Hayden

The fundamental error in the prevailing opinion in this case is in the failure to observe the difference between documentary evidence and ex parte or hearsay declarations. Documentary evidence is admissible in a criminal prosecution, when the existence of the document or record is itself relevant to some issue in the case; but ex parte declarations or certificates, even by a public officer, are not admissible when the mere fact that such a declaration was made, or that such a certificate was issued, is not relevant, and when the purpose of offering the document in evidence is to prove the…