McHenry v. State

820 N.E.2d 124 (2005)

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McHenry v. State

Indiana Supreme Court
820 N.E.2d 124 (2005)

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Facts

Mirtha McHenry (defendant), a bank teller, was tried for forgery and theft for withdrawing money from a client’s account without authorization. At trial, the state introduced the bank’s surveillance video showing that there was no client at McHenry’s teller window at the time she withdrew money from the client’s account. The video was supported by testimony establishing that the bank manager removed the tape, a detective established that the video covered the date of the transaction, and the detective watched the video to match the client’s account number to the transaction made in the video. The bank’s record custodian verified that recording the video was a regularly conducted activity of the bank and that the video was trustworthy. The trial court admitted the video into evidence. A jury found McHenry guilty, and the trial court entered judgment accordingly. McHenry appealed, arguing that the video lacked a proper foundation and should not have been admitted.

Rule of Law

Issue

Holding and Reasoning (Dickson, J.)

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