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QUESTION

The defendant is on trial for murder. The prosecution alleged that she killed the victim because the victim stole the defendant's husband.

The defendant is on trial for murder. The prosecution alleged that she killed the victim because

the victim stole the defendant's husband.

A police officer would testify that he was in the defendant's

house a week after the murder with a search warrant and that

he seized a picture from the defendant's bedroom dresser drawer.

The Officer would testify that the picture shows the victim and the defendant's

husband kissing. The defendant objects to the testimony. The court should:

A) Overrule the objection because the description of the picture

is relevant on the issue of motive

B) Overrule the objection because the best evidence rule does

not apply to the case

C) Sustain the objection unless the prosecution can provide a

satisfactory explanation of why the original picture is missing

D) Sustain the objection because the picture is not relevant

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