State v. Collins
New York Court of General Session of the Peace
The defendant was indicted for embezzlement of funds belonging to the Prudential Life Insurance Company. The first section of an act of Assembly passed March 28, 1879, under which the indictment was found, is as follows: “ That every cashier, servant, agent or clerk to any person, or to any body corporate, or being employed for the purpose, or in the capacity of a cashier, servant, agent or clerk, by any person or or body corporate, who shall embezzle, fraudulently abstract…
Read the full summary
The defendant was indicted for embezzlement of funds belonging to the Prudential Life Insurance Company. The first section of an act of Assembly passed March 28, 1879, under which the indictment was found, is as follows: “ That every cashier, servant, agent or clerk to any person, or to any body corporate, or being employed for the purpose, or in the capacity of a cashier, servant, agent or clerk, by any person or or body corporate, who shall embezzle, fraudulently abstract or misapply any money, goods, bill, note, bond, check, evidence of debt or other valuable security or effects which or…
1Opinion of the CourtLore, C. J.
The objection goes to the value and not to the admissibility. This was settled in Vandegrift vs. Hollis, 6 Houst. 90.
Ward (resuming). That is undoubtedly the rule in civil cases but in a criminal case a book which comes from the custody of the prosecutor and altered, should not be admitted.
Nicholson, Attorney General. This is proved to be the account book of the defendant and we offer it as such. The question of alteration is a matter to be discussed hereafter.
Lore, C. J.
If an alteration has been made by the company they must take the consequences, before the books of a party can be admitted…
2Cases cited3 opinions
- Churchman v. SmithSupreme Court of Pennsylvania · 1841
- People v. GallandMichigan Supreme Court · 1885
- Beaulieu v. ParsonsSupreme Court of Minnesota · 1858