People v. Enskat

20 Cal.App.3d Supp. 1, 98 Cal.Rptr. 646 (1971)

Facts

In connection with Enskat's (D) arrest, the police entered his theater and took photographs of portions of a motion picture. The film itself was not seized under a warrant or otherwise introduced into evidence. The photographs of the film, along with photographs of the exterior of the theater, were put in evidence. The balance of the film was the subject of testimony. D objected, invoking the best evidence rule. The objection was overruled. D was convicted and appeals.