State of Washington vs.

Tatum
360 P.2d 754 (1961)

FACTS:

William Tousin received monthly welfare checks from the

state of Washington. In February of 1960, Tousin did not receive
his check which was normally mailed to him. It was discovered that
Tousin’s check had been taken by Ralph Tatum who
subsequently forged an endorsement on the check to his name and
cashed the same at a food store. A criminal case was
subsequently brought against Tatum for first degree
forgery.

During the trial, Caroline Pentecost, an employee of the store,

testified that, although she could not recall the specific transaction
involving Tatum, the initials appearing on the back of the check
were hers. She explained that whenever a check was presented to
her for payment at the store, she had been instructed by the
manager to initial it and then to insert it into a “regiscope” machine.
The machine was designed to simultaneously photograph both the
check and the person facing the machine. The Regiscope film of the
transaction was then sent to the Regiscope distributor to be
developed. The processed film showed both the check and the
person of Tatum with the food store in the background. The
negative and the print were admitted in evidence and Tatum was
convicted and sentenced to life imprisonment.

On appeal, Tatum questions the film’s admission into

evidence.

ISSUE:

Whether or not the Regiscope films were authenticated

sufficiently to warrant their admission into evidence

RULING:
 Yes.The quantum of authentication required by the
courts before a photograph may be admissible in evidence
was stated thus: “that some witness, not necessarily the
photographer, be able to give some indication as to when, whe
n and under what circumstances the photograph was taken, a
nd the photograph accurately portray the subject or subjects
illustrated.” The photograph need only be sufficiently accurate
to be helpful to the court and the jury. Witness Pentecost testified
that she recognized the background shown in the picture as that of
the food store, and as already mentioned, she testified
as to the store’s standard procedure of “regiscoping” each
individual who cashed a check at the store. Also, one Philip
Dale testified at length concerning the Regiscope
process. The testimony of these two witnesses taken
together amounted to a sufficient authentication to warrant
admission of the photograph into evidence. The authentication
supplied by the testimony summarized above, of course, did
not preclude appellant from attempting to prove
that the individual portrayed was someone other than the
appellant, that the photograph was inaccurate in or more
respects, the appellant was somewhere else at the moment the
photograph was taken, or any other such defense. But these
arguments go to the weight rather than to the admissibility of
the exhibits in question. In our opinion,
the Regiscope exhibits, coupled with the other evidence
produced by the state, sufficed to establish a prima facie case of
first degree of forgery.