Fisher v. State
Court of Appeals of Arkansas
643 S.W.2d 571 (Ark. App. 1982)
Fisher (defendant) was charged with stealing groceries from a store. The manager of the store had set up a video camera and Fisher and her daughters were on tape stealing the groceries. The manager testified that he set up the video camera, turned it on, and confirmed that it was working properly before leaving the store. He also testified that the camera had been working at all times and that there were no holes in the tapes. Finally, he testified that when he came back to the store, the camera had not been altered in any way. Fisher sought to exclude the tapes from being admitted into evidence because no witness had personally observed the theft and thus no witness could verify that the tapes were a “fair and accurate representation of the subject matter.” The trial court denied her motion and convicted her. She appealed.
Rule of Law
Holding and Reasoning (Cooper, J.)
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