FISHER V. STATE
643 S.W.2d 571 (1982)
NATURE OF THE CASE: This was an appeal from a conviction of theft of property.
FACTS: Fisher (D) and her two daughters were employed at M&W Thriftway to clean the
store. A video camera was installed at the store. On August 12, 1981, D and her daughters
arrived at the store for cleaning. The manager of the store replaced a tape in the camera
around midnight and then again, when he found a number of law enforcement officers at the
store because D had been caught removing bags of groceries from the store. Pursuant to their
instructions, he removed that tape from the camera and safeguarded them until the trial.
During a motion in limine, the manager of the store testified about the camera, tape
replacement, and how nothing had been disturbed or moved and that once turned on the camera
could not be approached to turn it off without being recorded. The tape was entered into
evidence and showed D and her daughters stealing the groceries. D was convicted and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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