State v. A. W.
Cases that cite this one
2 later published cases cite this decision.
- Hess v. State (Ohio 1831)
- People v. Dean (New York Supreme Court 1826)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It has been invariably decided in this Court, that “ the party aggrieved” by a forgery cannot be a witness against a person indicted for the crime. It is a general rule, that where the law gives a compensation to the sufferer by a crime, the person injured cannot be admitted as a witness to convict the accused. It is no exception to this rule, that the person from whom goods are stolen, though entitled to treble damages by the statute, may be admitted to testify on the trial of one charged with the theft; for he is only permitted to testify as to the possession and loss of property, not that the accused stole it, or that it was found in his possession, or indeed to any other circumstances, which may go to cúlpate the person on trial; and this ex necessitate rei; for the possession and loss of valuable property, money for
Witness incompetent.
Verdict not guilty,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.