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Evidence Keyed to Allen
United States v. Hitt
Citation:
981 F.2d 422 (9th Cir. 1992)Facts
Dale Lee Hitt was convicted of possessing an unregistered machine gun. The government alleged that he had altered a semiautomatic rifle so it would discharge more than one shot per trigger pull. The government and Hitt each had their own experts test-fire the rifle: In the government’s test, the rifle did fire more than one shot per trigger pull, but when Hitt’s expert tested it, it didn’t. Hitt’s expert suggested the gun may have fired automatically in the government’s test because of a malfunction. The government introduced a photograph of the rifle which, it argued, showed the rifle was neither dirty, worn nor defective. The photograph showed nothing of the gun’s interior. All the jury could see was outside. Hitt objected to the admission of the photograph.
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