Commonwealth v. Pioso

Citations

• 17 Pa. Super. 45
• 1901 Pa. Super. LEXIS 251

Syllabus

<p>Criminal law — Perjury—Altering figures in promissory note.</p> <p>The figures in a promissory note or bill of exchange constitute a part of the note or bill, and an illegal alteration of them is forgery.</p> <p>Criminal law — Forgery—Evidence—Equitable rule as to reforming written instrument.</p> <p>On an indictment for forgery where the charge is the alteration of the figures in a promissory note, the equitable rule does not apply, which requires the testimony of at least one additional witness or corroborating facts which amount thereto to support the testimony of the party interested to reform an instrument, and that such testimony should be clear, precise and indubitable.</p> <p>The fact that a promissory note was fraudulently altered is sufficiently established by the testimony of the maker of the note supported by that of the indorser who testified that the payee expressly admitted to him that he had raised the note, and by the testimony of an expert that the alteration was made with a different ink.</p> <p>Criminal law — Forgery—Evidence.</p> <p>On the trial of an indictment for forgery where the charge is the alteration of a promissory note, testimony relating to payment of a portion of the proceeds of the note by the defendant who was the payee to the indorser, and the latter’s alleged declaration as to the purpose for which he wished to hold the note after he paid it, is wholly immaterial.</p> <p>In such a case it is not improper to ask the maker of the note who had testified as to certain conversations which he had with sons of the defendant with regard to the note and its payment, whether he had not heard at the time of these conversations that the figures in the note had been raised. The purpose of the question was not to establish the fact of the alteration, but what was in mind at the time of the conversations and the inducing cause thereto.</p> <p>Evidence — Expert witness — Competency of witness — Forgery—Difference in inks.</p> <p>The competenc