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This section contains the nature of the case and procedural background.

Tousin and Tatum (D) were tenants in the same rooming house. Tousin was on welfare but did not receive his check one month. This check was later found to have been cashed at a food store. Pentecost, an employee at the food store, testified at trial about the procedures used when she received a check. She testified that one of her duties was to initial the check, then insert it into a Regiscope machine. This machine would then photograph both the check and the person cashing the check. At trial, she testified that she had initialed the check in question. She testified about the Regiscope photographs and claimed that the background of the photograph was the store in which she worked. Dale testified that the store used this process whenever a check was cashed. The photograph was admitted into evidence. D was convicted and appealed.

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