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State v. Gauer

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Citation Edit

State v. Gauer, 7 Ill. App. 3d 512, 288 N.E.2d 24 (1974) (full-text).

Factual Background Edit

After receiving a number of annoying phone calls, the complaining witness had a tracer installed on her telephone.

Trial Court Proceedings Edit

At trial, the state, via testimony of a records keeper for the telephone company, sought to introduce various IBM "Trouble Recorder" cards containing data on the location from which the calls were made, their time and dates. The defendant objected to admission of the IBM cards.

The court noted that computer records can be admitted as evidence if certain criteria are met. In the present case, however, there was no testimony that the sources of information, or the method and time of preparation were such as to justify admission. The only testimony offered concerned the meaning of the cards, but not how they were prepared.

The court reversed and remanded the case for new trial to afford the State an opportunity to introduce competent testimony.

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