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· 3/6/1922

Commonwealth v. Valeroso

Citations

  • 273 Pa. 213
  • 116 A. 828
  • 1922 Pa. LEXIS 550

Syllabus

<p>Criminal law — Murder—Evidence—Demand for production of letter by prisoner — Compulsory self-incrimination — Constitution of Pav article I, section 9.</p> <p>1. In all criminal prosecutions the accused cannot be compelled to give evidence against himself.</p> <p>2. He cannot be required by speech or the equivalent of speech to criminate himself.</p> <p>3. On the trial of an indictment for crime the accused cannot be called, in open court, and before the jury which is trying him, to produce a letter alleged to have been written and mailed to him bearing upon the motive of the ^grime, in order that it may be given in~evi3^'Bef45_ aid in establishing his guilt, or, if not produced, secondary proof of its contents may not be shown for a like purpose.</p> <p>Evidence — Letter addressed to two persons — Receipt of letter— mailing.</p> <p>4. Tbe contents of a letter addressed to two individuals, without proof as to its receipt by the one to be affected by it, cannot be received in evidence in the trial of a cause, either civil or criminal.</p> <p>5. Not decided whether the mailing of a letter, postage prepaid, is prima facie evidence, in a criminal case, that it was received by the person to whom it was addressed.</p>

Judges: Frazer, Moschzisker, Sadler, Schaeeee, Schaerer, Simpson, Walling

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