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STATE v. NANO

543 P.2d 660 (1975)

STATE of Oregon, Petitioner, v. Richard David NANO, Respondent.

Supreme Court of Oregon, In Banc.

Argued and Submitted May 9, 1975.

Attorney(s) appearing for the Case

James K. Susee, Deputy Dist. Atty., Salem, argued the cause for petitioner. On the briefs were Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., Thomas H. Denney, Asst. Atty. Gen., and Gary Gortmaker, Dist. Atty., Salem.

Howard R. Lonergan, Portland, argued the cause and filed briefs for respondent.

DENECKE, Justice.

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. Or. App., 531 P.2d 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...

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