From Casetext: Smarter Legal Research

Washington v. State

Supreme Court of Arkansas
Mar 19, 1973
491 S.W.2d 594 (Ark. 1973)

Opinion

No. 5814.

Opinion delivered March 19, 1973

1. CRIMINAL LAW — SECONDARY DEMONSTRATIVE EVIDENCE — ADMISSIBILITY — In a criminal case it is permissible for a witness to testify concerning tangible objects which are involved without producing the articles. 2. CRIMINAL LAW — SECONDARY DEMONSTRATIVE EVIDENCE — OBJECTION, VALIDITY OF. — The fact that exhibition to the jury of allegedly stolen articles would more clearly and forcefully explain their nature, appearance or condition, is not a valid objection to oral evidence concerning such matters.

Appeal from Pulaski Circuit Court, First Division, William J. Kirby, Judge; affirmed.

Omar F. Greene, for appellant.

Jim Guy Tucker, Atty. Gen., by: Frank B. Newell, Asst. Atty. Gen., for appellee.


Appellant was fined $50 and sentenced to 30 days imprisonment on a charge of shoplifting (second offense). She contends that the trial court, sitting as a jury, should have directed a verdict of acquittal because the state failed to produce in evidence the coat which "was allegedly involved in the shoplifting." It appears that the property was released to the local merchant.

The state adduced evidence that a saleslady in a local department store observed the appellant wearing a coat which was missing from a sales rack. The appellant was asked if she had decided to buy it. When the sales person's attention was diverted, apparently by two confederates, the appellant left the store and was apprehended wearing the coat. Appellant testified that the coat was given to her several months previously by her husband and that it was stained or soiled from use. Therefore, appellant asserts the state was required to produce the coat inasmuch as it would be the best evidence as to whether it was a new or used coat. Further, without the coat she could not offer witnesses to identify the coat as being her own.

It is well established that in a criminal case it is permissible for a witness to testify concerning tangible objects which are involved without producing the articles. Maynard v. State, 252 Ark. 657, 480 S.W.2d 353 (1972), Swearing in v. State, 251 Ark. 700, 474 S.W.2d 111 (1971), Scott v. State, 251 Ark. 918, 475 S.W.2d 699 (1972), Washington v. State, 248 Ark. 318, 451 S.W.2d 449 (1970), and Meyer v. State, 218 Ark. 440, 236 S.W.2d 996 (1951). In the latter case we observed:

"`The best evidence rule deals with writings alone, not with objects, and the fact that exhibition of such objects to the jury would more clearly and forcefully explain their nature, appearance or condition, is not a valid objection to oral evidence concerning such matters.'"

The trial court correctly refused a directed verdict.

Affirmed.


Summaries of

Washington v. State

Supreme Court of Arkansas
Mar 19, 1973
491 S.W.2d 594 (Ark. 1973)
Case details for

Washington v. State

Case Details

Full title:Linda Joyce WASHINGTON v. STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: Mar 19, 1973

Citations

491 S.W.2d 594 (Ark. 1973)
491 S.W.2d 594

Citing Cases

Redman v. State

1977). It certainly had no application here. The fact that exhibition of such objects would more clearly and…

Parker v. State

As appellant concedes, we have held that a witness in a criminal case may testify about tangible objects…