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Criminal Law-Assault-Admission of Demonstrative Photograph
Staff Report//April 8, 2026//
Defendant appealed his conviction for assault, arguing that the trial court plainly erred in admitting a demonstrative photograph of a chair, which he contended was too dissimilar from the chair used in the assault, to aid the jury in evaluating the “dangerous instrument” element of the charge.
Where the evidence was used to illustrate the general size and form of the chair used and where defense counsel had an opportunity to highlight differences between the photograph and the actual chair used, admission of the photograph did not constitute an evident, obvious or clear error.
Judgment is affirmed.
State v. Carroll (MLW No. 84596/Case No. ED113225 – 6 pages) (Missouri Court of Appeals, Eastern District, Dowd, J.) Appealed from circuit court, Jefferson County, Melenbrink, J. (Carol J. Jansen for appellant) (Alex D. Beezley for respondent)
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