Commonwealth v. Swartz

Citations

• 40 Pa. Super. 370
• 1909 Pa. Super. LEXIS 624

Syllabus

<p>Evidence — Photograph—Identification.</p> <p>1. In a criminal ease where the issue turns upon the impersonation of one person by another, a photograph of the person alleged to have been impersonated may be identified by the wife of such person, who was present when the latter received the photograph as coming from the photographer. In such a case identification by the photographer is not necessary. The testimony of any one familiar with the original and with the photograph and a correct likeness of the original, is competent to prove such a likeness.</p> <p>Criminal law — Evidence—Self-crimination—Waiver of constitutional privilege — Letter.</p> <p>2. Where a prisoner in a criminal prosecution voluntarily goes upon the stand and testifies as to matters of defense, he waives his constitutional privilege of keeping silence, and he may be cross-examined in the same manner as any other witness. If he produces a letter and reads only one of two signatures appended to it, and he is directed by the court to hand the letter to the district attorney, and the existence of the second signature then appears, the court cannot be convicted of error in directing the production of the letter, although the existence of the second name was a fact strongly incriminating the prisoner.</p> <p>Appeals — Assignment of error — Two distinct subjects.</p> <p>3. An assignment of error embracing two distinct subjects will be disregarded.</p>