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Averhart v. State

470 N.E.2d 666 (1984)

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Averhart v. State

Indiana Supreme Court

470 N.E.2d 666 (1984)

Facts

The Gary National Bank (bank) was robbed by three men. An automatic camera inside the bank took photographs of the robbery. The robbers later engaged in a shoot-out with the police, killing one police officer. Rufus Averhart (defendant), Ralph Hutson (defendant), and David North (defendant) were charged with murder in the perpetration of robbery. At the trial, the state (plaintiff) introduced the photographs of the robbery taken by the bank camera. Evidence was presented indicating that the photographs had not been altered. Moreover, Mavis Reeves, an eyewitness to the robbery, testified that the photographs accurately depicted the robbery. The trial-court judge found that the photographs were authenticated. Because the photographs satisfied the other requirements for admissibility, the trial-court judge admitted the photographs. Subsequently, the jury convicted Averhart, Hutson, and North. Averhart, Hutson, and North appealed.

Rule of Law

Issue

Holding and Reasoning (Pivarnik, J.)

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