Questioned Documents a Study of Questioned Documents With An Outline of Method
Questioned Documents a Study of Questioned Documents With An Outline of Method
Osborn, Albert Sherman, 1858-1946
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It may only be necessary to determine whether a change or erasure has actually been made 2, or it may be a matter of great importance to show 'ERASURES. . . . The question has also seriously been con- sidered whether an expert may testify as to the existence or time of erasures, alterations, or interpolations. Such testimony is often not to be distinguished practically from testimony deciphering illegible writ- ing, which has uniformly been held proper. There is, at any rate, no scintilla of re...ason for doubt. — Wigmore on Evidence, Vol. Ill, Sec. 2027 (1904). -The question, what are really the words in a written instrument, when they are doubtful either on account of the obscure manner in which they are written, or because of an uncertainty on the face of the writing, whether any of them have been stricken out or altered, by the maker, is a question of fact; and if such question arises in a cause being tried by a jury, this question of fact should be submitted to the jury, and the evidence of experts on the question, what are the words in the writing, ought to be received; and if the court refused to permit such evidence to go to the jury, this court ought to reverse such action of the court below.
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