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Bergner v. State
Indiana Court of Appeals
397 N.E.2d 1012 (1979)
- Written by Kate Luck, JD
Facts
Lester Bergner (defendant) was tried for sodomy. The state introduced into evidence photographs of a female child performing a sexual act with an adult male. The state had witnesses identify Bergner as the adult male in the photographs. There was no witness to testify that the images were a true and accurate depiction of what the photographs were intended to depict. The state also introduced expert-witness testimony stating that the photographs had not been altered. The jury found Bergner guilty, and the trial court entered a judgment consistent with the jury’s verdict. Bergner appealed, arguing that the trial court erred in allowing the photographs into evidence.
Rule of Law
Issue
Holding and Reasoning (Chapman, J.)
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