State v. Passmore

• Decision Date: 20 June 1978
• Docket Number: No. 788SC127,788SC127
• Citation: 245 S.E.2d 107,37 N.C.App. 5
• Parties: STATE of North Carolina v. B. B. PASSMORE.
• Court: North Carolina Court of Appeals

Page 107

245 S.E.2d 107

37 N.C.App. 5

STATE of North Carolina v. B. B. PASSMORE.

No. 788SC127.

Court of Appeals of North Carolina.

June 20, 1978.

Hulse & Hulse by Herbert B. Hulse, Goldsboro, for defendant-appellant.

HEDRICK, Judge.

The defendant first assigns as error the admission of State Exhibits 4 and 5. State Exhibit 4 was a photostatic copy of a computerized report from the operations center of the Bank of North Carolina. The report disclosed two checks drawn on account number 0401713701 for $1,095 and $2,280 which were returned for insufficient funds. State Exhibit 5 was a monthly statement of the account of P & S Auto Sales for the month 30 September through 29 October 1976 which reflected a balance on 6 October 1976, the day before the defendant issued the checks, of $71.11. The defendant contends that the State failed to establish a proper foundation prior to the introduction of these exhibits.

According to G.S. 8-45.1 a photostatic copy of a business record, "when satisfactorily identified, is as admissible in evidence as the original itself in any judicial . . . proceeding." See State v. Shumaker, 251 N.C. 678, 111 S.E.2d 878 (1960). State Exhibit 4 was identified by Walter W. Vatcher, an Assistant Operations Officer with the Bank of North Carolina, as a photostatic copy of an unpostable report. Vatcher testified that he "made a copy at the center after getting someone to produce the original through using the computer." We think this testimony brought the copy within the terms of G.S. 8-45.1. Consequently, if the original computerized report would be admissible in evidence, then State Exhibit 4 was properly admitted.

In State v. Springer, 283 N.C. 627, 197 S.E.2d 530 (1973), our Supreme Court confronted the question of whether computer printout sheets of business records stored in electronic computers are admissible under an exception to the hearsay rule. Justice Huskins, speaking for the Court, wrote the following:

We therefore hold that printout cards or sheets of business records stored on electronic computing equipment are admissible in evidence, if otherwise relevant and material, if: (1) the computerized entries were made in the regular course of business, (2) at or near the time of the transaction involved, and (3) a proper foundation for such evidence is laid by testimony of a witness who is familiar with the computerized records and the methods under which they were made so as to satisfy the court that the methods, the sources of information, and the time of preparation render such evidence trustworthy.

283 N.C. at 636, 197 S.E.2d at 536. See also State v. Stapleton, 29 N.C.App. 363, 224 S.E.2d 204, appeal dismissed, 290 N.C. 554, 226 S.E.2d 513 (1976); 1 Stansbury's N.C. Evidence, § 155 (Brandis Rev.Supp.1976).

Prior to the admission of State Exhibit 4 into evidence, Walter W. Vatcher testified that he was the Assistant Operations Officer with the Bank of North Carolina; that he had worked for the bank for 13 years; that he was familiar with unpostable reports; and that such reports are generated daily. Vatcher then interpreted Exhibit 4 for the court. Vatcher also identified State Exhibit 5 as a monthly statement of the account of P & S Auto Sales and related its contents. In our opinion Vatcher's testimony provided an adequate foundation under the standards set forth in Springer for the admission of each exhibit.

The defendant next assigns as error the trial court's denial of his several motions regarding a State witness, Roland C. Braswell. The defendant contends that since Braswell represented the prosecuting witness, Russell Lynch, in his dealing with the defendant and assisted the district attorney in the presentation of the State's case, he was barred from testifying by the Disciplinary Rules of the Code of Professional...