State v. Bishop

FLANIGAN, Presiding Judge.

The trial court, after a nonjury trial, found defendant Paul Bishop guilty of promoting obscenity in the second degree, § 573.030, RSMo 1986, as amended, a class A misdemeanor, and assessed a fine of $400. Defendant appeals.

Defendant’s first point is that the trial court erred in receiving into evidence, over defendant’s objection, state’s Exhibit 4, a “VCR tape,” “because the chain of custody was not complete and did not offer reasonable assurance that [Exhibit 4] was the same VCR tape obtained from defendant, or if it were (sic), that it was in the same condition…