OPINION
The appellant, Antonio Fixico, was charged, tried and convicted in the District Court of Kiowa County, Case No. CRF-83-56, for the offense of Grand Larceny, After Former Conviction of a Felony. His punishment was assessed at a term of six (6) years imprisonment. We affirm.
The complaining witness, Sam Judd, Jr., was remodeling a house he owned in Mountain Park, Oklahoma, in October of 1983. On completing work on October 11, 1983, he secured his materials for the night. Upon returning the following morning, Mr. Judd noticed some of his building materials had been disturbed and others were missing. A neighbor informed Mr. Judd that he witnessed the appellant carry off the building supplies on the previous night. (At trial, three witnesses testified to this fact.) Mr. Judd thereafter notified the town mar-shall, who came to the location to investigate. Their investigation led them to the residence of the appellant’s sister where, in the yard, they discovered materials that had been taken from Mr. Judd’s residence. The stolen materials were taken to Mr. Judd’s storage shed on his property. The items plaсed into the shed were not inventoried, nor was it ascertained whether items were already in the shed. Six months later, Investigator Steve Nesbitt asked Mr. Judd if he still had the items loсked in the shed and thereafter photographed the stolen articles. The appellant, as well as four other witnesses, testified on his own behalf. He denied taking the items.
I.
In his first assignment of error, the appellant challenges the sufficiency of the evidence adduced at trial to sustain his conviction for grand larceny. Thе appellant first asserts that the evidence was insufficient to support his conviction, because the State failed to prove an adequate foundаtion for the admissibility of the evidence. Specifically, the appellant contends that the chain of custody of the stolen articles was inadequate sinсe the complaining witness retained the custody and control of the articles until trial, and that, days before trial, photographs were taken of the articles and the photographs admitted into evidence.
*582
This Court has repeatedly held that the purpose of the chain of custody rule is to ensure that demonstrative evidence introduced at trial is in substantially the same condition as when the article was obtained.
Driskell v. State,
With limited exceptions, the Oklahoma Evidence Code provides that “[a]ll relevant evidence is admissible_” 12 O.S.1981, § 2402. The Code definеs relevant evidence as “evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.”
An exhibit’s identity or authenticity, sufficient for its admission into evidence, is thus satisfied “by evidence sufficient to support a finding that the matter in question is what its proponent claims it to be.” 12 O.S.1981, § 2901(A). Generally speaking, this foundational predicate is fulfilled through “[tjestimony that a matter is what it is claimed to be[.]” 12 O.S.1981, § 2901(B)(1). Therefore, regardless of the custodian оf the evidence, the evidence is admissible upon testimony that the exhibit is what the proponent claims it to be. Any doubt as to the preservation of the exhibit therefore goes to its weight and not its admissibility. In situations where the exhibit consists of such items as illicit substances or bodily specimens, a more exhaustive foundation is required.
See, e.g.,
12 O.S.1981, § 2901(B)(3) and (4).
See also Driskell v. State,
In the case at bar, the complaining witness testified that several photographs, depicting various building materials, accurately represented the stolen articles which he had retained in his storage shed. Accordingly, the exhibits were properly admitted into evidence, pursuant to 12 O.S.1981, § 2901(B)(1). Therefore, any doubt as to the circumstances surrounding the preservation of these articles went only to the weight to be given to such evidence.
The appellant secondly asserts that the evidence was insufficient to support his conviction for grand larceny, because the State failed to prove the value of the stolen articles. We must reject this contention as well. This Court has held “[i]n а larceny prosecution the value of the property stolen must be proven as a fact and it is to be determined by the jury.”
Morris v. State,
In the case at bar, the complaining witness testified that the stolen property’s fair market value was “in the neighbоrhood of $200.00.” Therefore, there was competent evidence in the record for which the jury could have determined that the value
*583
of the property was in excess of $50.00. 21 O.S.1981, § 1704;
Dodson v. State,
II.
In his second assignment of error, the appellant claims the trial court erred by failing tо instruct on the lesser included offense of petit larceny. We disagree. The appellant objected at trial to the entire body of the instructions. Howevеr, the record is devoid of any ruling on the appellant’s objection. As a general rule, it is the objecting party’s obligation to obtain a ruling on the objection, оr such objection is waived on appeal.
Accord Midwestern Engine & Equipment Co. v. Childers,
III.
In his last assignment of error, the appellant claims he was deprived of a fair trial because of the proseсutor’s improper questioning during cross-examination of the appellant and improper comments during closing arguments. Upon a review of the record, we find that the prosecutor’s questions on cross-examination and his comments in closing arguments did exceed the bounds of propriety. However, the appellant’s аttorney failed to object to the questions and comments he now finds objectionable. We fail to find prejudice or that the appellant was deprived оf a fundamentally fair and impartial proceeding.
Freeman v. State,
Finding no merit to the appellant’s assignments of error, the judgment and sentence of the District Court should be, and hereby is, AFFIRMED.