State v. Nano

Defendant was convicted of the theft of a box of calculators. The Court of Appeals reversed on the ground that the trial court erred in admitting evidence which did not satisfy the best evidence rule. 20 Or App 327, 531 P2d 750 (1975). We granted the state’s petition for review.

To prove that the calculators were taken by criminal means the prosecutor sought to eliminate other possibilities which would account for the disappearance. He asked the merchandise manager for the division selling calculators, “* * * were they sold?” The witness answered, “They were not sold, because by checking our…