People v. Hust
California Supreme Court Jul 1, 1875 No. No. 10,153Published
Synopsis
Evidence in Obeuinal Case.—If an indictment for embezzlement contains what purports to be a copy of an agreement made between the defendant and the prosecutor, a copy of the same is not admissible in evidence on the trial, without first accounting for the original, and without proof of the execution of the instrument by the defendant.
By the Court : The admission in evidence of a copy of the agreement set forth in the indictment, without accounting for the absence of the original, and without any proof whatever of the execution of the instrument, was clearly erroneous.
Judgment reversed and cause remanded for a new trial.
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