Englund v. State

I agree that the fax was admissible as a duplicate, but conclude that it was also admissible as an “original” certified copy under rules 1001 and 1002.

As the State notes in its motion for rehearing, a document that is a “copy” in the ' colloquial sense of the word may actually *940qualify as an “original” document legally. An “original” of a writing is defined as the writing itself or “any counterpart intended to have the same effect by a person executing or issuing it.” Tex.R.CRIM.Evid. 1001(3) (emphasis added). A “counterpart” is defined as a “duplicate or copy.” Black’s Law DICTIONARY 315 (5th…