What is the name of your state? Washington
Here's the situation...Pieces of a firearm are presented to a trial jury. Expert testimony concluded these pieces consisted of a slide, a barrel, some spent shell casings and some live rounds matching the caliber of the firearm pieces found.
Testimony was given from a single witness claiming the firearm pieces indeed came from the same weapon which had been discharged into a wall at the crime scene and then used to strike that same witness in the mouth.
Ballistics were not done in an attempt to determine if the bullet found in a wall at the crime scene matched firearm pieces being presented to the jury, and no finger prints were gathered.
The defendant was found guilty of two counts of second degree assualt and given two separate weapon enhancements, one for discharging of a firearma dn one for striking accuser with the firearm.
The question is this; was there sufficient evidence showing the weapon pieces in question were in fact the weapon used in this crime? Or is there resonable doubt?
Secondly; are pieces of a firearm that by themselves are incapable of firing a projectile sufficient enough to implement a deadly weapon enhancement in the Washington State Court?
Any comments on this are urgently requested as a p.r.p. is in the works and time is of the essence.
Here's the situation...Pieces of a firearm are presented to a trial jury. Expert testimony concluded these pieces consisted of a slide, a barrel, some spent shell casings and some live rounds matching the caliber of the firearm pieces found.
Testimony was given from a single witness claiming the firearm pieces indeed came from the same weapon which had been discharged into a wall at the crime scene and then used to strike that same witness in the mouth.
Ballistics were not done in an attempt to determine if the bullet found in a wall at the crime scene matched firearm pieces being presented to the jury, and no finger prints were gathered.
The defendant was found guilty of two counts of second degree assualt and given two separate weapon enhancements, one for discharging of a firearma dn one for striking accuser with the firearm.
The question is this; was there sufficient evidence showing the weapon pieces in question were in fact the weapon used in this crime? Or is there resonable doubt?
Secondly; are pieces of a firearm that by themselves are incapable of firing a projectile sufficient enough to implement a deadly weapon enhancement in the Washington State Court?
Any comments on this are urgently requested as a p.r.p. is in the works and time is of the essence.