Haffner v. Schmuck

Van Brunt, P. J. (dissenting):

I dissent. The error was not in the first ruling in relation to th^ book; but it was in afterwards allowing the defendant to read the *197contents of the book to the jury, without having in any way laid a proper foundation for the introduction of the book in evidence. The reading of the contents of the book to the jury certainly could not be permitted, if the book itself could not be admitted in evidence.

Judgment and order affirmed, with costs.