The instrument alleged to have been forged must be produced on the trial or its absence accounted for, before secondary evidence of its contents is admissible;253 and when the instrument cannot be produced and its absence is satisfactorily accounted for, then a copy of it which can be sworn to is the next best evidence.254

247 People vs. Compton, 123 Cal., 403. 248 U. S. vs. Wright, 2 Cranch, 68;

Hughes Cr. Law, Sec. 925. 249 Anson vs. People, 148 Ill., 502;

3 Greenl. Ev., Sec. 18. 250 Swain vs. People, 4 Scam. (Ill.), 179; State vs. Hart, 67 Iowa, 142; State vs. Goodrich, 67

Minn., 176. 251 State vs. Newland, 7 Iowa, 242;

State vs. Samuels, 144 Mo., 68. 252 Round vs. State, 78 Me., 42;

Anson vs. People, 148 I11., 494, 502.

953 State vs. Cole, 19 Wis., 129; State vs. Lowry, 42 W. Va., 205; People vs. Seittland, 77 Mich., 53; Hughes Cr. Law, Sec. 964; Duffin vs. People, 107 111., 113. Photographic copy used, the original having faded.

254 U. S. vs. Britton, 2 Mason (U. S.), 464; Thompson vs. State, 30 Ala., 28; Pendleton vs. Com., 4 Leigh (Va.), 694. (Cannot be found, probably lost.) Com. vs. Snell, 3 Mass., 82 (secreted to protect accused).

If the instrument is in the possession of the accused notice must be given to produce it before evidence of its contents is admissible.255