State v. Nano

543 P.2d 660 (1975)

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Nature of the Case

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Facts

D was charged with the theft of calculators. To prove that they were taken by criminal means the prosecutor put the merchandise manager on the stand and questioned him about whether the calculators were sold. The manager answered, 'they were not sold, because by checking our sales records we have not...” D objected to this line of questioning under the best evidence rule. D was convicted and appealed. The Court of Appeals reversed.