Court encourages admission of DEMONSTRATIVE EVIDENCE such as
photographs etc. provided they be sufficiently verified and validated.
Facts of the case states that one William Tousin receives
monthly welfare checks from the state of Washington. But one February of 1960,
Tousin did not receive his check. The
mailed check was normally left on a window ledge in the hallway room house
where the appellant Tatum resides.
It was found out that the check was endorsed and cashed at a
local store by someone other than the payee.
A lady employee of the local store testified that the initial on
the face of the check was hers and thereafter submitted the negative and print
in the regiscope and was admitted as evidence over appellant’s objection.
ISSUE:
One, may demonstrative evidence such as regiscope
films be admitted as evidence? Two, were the regiscope films authenticated
sufficiently in order to warrant their admission?
One, may demonstrative evidence such as regiscope
films be admitted as evidence? Two, were the regiscope films authenticated
sufficiently in order to warrant their admission?
RULING:
Yes. Court in many years encouraged the admission and use of
DEMONSTRATIVE EVIDENCE, including photographs.
Provided:
They be sufficiently verified and validated. And that some witness (not necessarily the photographer) be able to
give some indication as to when, where and under what circumstances the photo
was taken.
Lady witness testified that she recognized the background
shown in the picture as that of their store and also testified their
regiscoping of the checks is one of their standard procedures.
Therefore Yes, the regiscope films submitted as evidence were authenticated sufficiently.
Ruling of the lower court was affirmed. Tatum's appeal denied.
