context: The officer testified that (1) the gun was recovered in a different condition than when it was being pointed at him; and (2) when it was pointed at him, the slide was open less than a quarter of an inch. Thus, the officer's observations would support a conclusion that the gun had been jammed in two different positions. Further, because an opening of the slide an eighth of an inch (or less) falls within the "less than quarter of an inch" opening observed by the officer, we conclude that the court's use of the exhibit did not exceed the scope and purview of the evidence before it.
citation_a.signal: see
citation_a.parenthetical: no prohibition on "a searching examination of physical evidence under conditions disclosed by the evidence in the case"
citation_a.sentence: See State v. Thompson, 164 Mont. 415, 524 P.2d 1115, 1120 (1974)(no prohibition on “a searching examination of physical evidence under conditions disclosed by the evidence in the case”); see also State v. Ashworth, 231 Kan. 623, 647 P.2d 1281, 1287 (1982)(“[a]n experiment or demonstration is proper when conducted by the jury with the use of exhibits properly submitted to it for the purpose of testing the truth of statements made by witnesses”).
citation_b.signal: see also
citation_b.parenthetical: "[a]n experiment or demonstration is proper when conducted by the jury with the use of exhibits properly submitted to it for the purpose of testing the truth of statements made by witnesses"
citation_b.sentence: See State v. Thompson, 164 Mont. 415, 524 P.2d 1115, 1120 (1974)(no prohibition on “a searching examination of physical evidence under conditions disclosed by the evidence in the case”); see also State v. Ashworth, 231 Kan. 623, 647 P.2d 1281, 1287 (1982)(“[a]n experiment or demonstration is proper when conducted by the jury with the use of exhibits properly submitted to it for the purpose of testing the truth of statements made by witnesses”).