Commonwealth v. Roth
Superior Court of Pennsylvania
Appeal, No. 19, April T., 1919,' by defendant, from judgment of Q. S. Allegheny Co., Oct. T., 1917, No. 198, on verdict of guilty in case of Commonwealth v. Max Roth. Indictment against Max Roth for false pretense.
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Appeal, No. 19, April T., 1919,' by defendant, from judgment of Q. S. Allegheny Co., Oct. T., 1917, No. 198, on verdict of guilty in case of Commonwealth v. Max Roth. Indictment against Max Roth for false pretense. Before Reid, J. From the record it appeared that the defendant was indicted and tried on a charge of making a false written financial statement for the purpose of obtaining a credit under Section 1 of the Act of May 8, 1913, P. L. 161. He conducted stores at Windber, Pa., and at Leecbburg, Pa., and had dealt with the Selz, Schwab & Co., for several years prior to April 4, 1916. On…
1Opinion of the Court
Opinion by
Kephart, J.,
It has long been a rule of evidence that a witness may refresh his memory by.an examination of memoranda reasonably contemporaneous with the transaction to which it relates, whether made by the witness or another. But if the only knowledge the witness has is that secured from the writing, his testimony is not admissible. He must know of the circumstances of which the memoranda make record at or about the time of their occurrence, and that the ^writing correctly records them. The original' record being a true narration of what transpired, a witness may use a copy thereof.…
2Cases cited4 opinions
- Ensign v. PennsylvaniaSupreme Court of the United States · 1913
- Williams v. CommonwealthSupreme Court of Pennsylvania · 1857
- Commonwealth v. EnsignSuperior Court of Pennsylvania · 1909
- United States v. KnoellDistrict Court, E.D. Pennsylvania · 1916
3Cited by12 opinions
- General Equipment Manufacturers v. Westfield InsuranceSuperior Court of Pennsylvania · 1993
- Nestor v. GeorgeSupreme Court of Pennsylvania · 1946
- Commonwealth v. VociSupreme Court of Pennsylvania · 1958
- Commonwealth v. ButtsSuperior Court of Pennsylvania · 1964
- Commonwealth v. CavanaughSuperior Court of Pennsylvania · 1946
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