CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Admissibility of Relevant Evidence
.........Specific Issues
............Specific Type of Weapon
8 Cards On This Topic:
  • Because D accused of killing V by cutting her throat and later was found with cutting devices (box cutters & knives), any of which could have been the murder weapon, trial court within its discretion in finding the evidence relevant.
  • Harmless error to admit testimony that D had unique handgun similar to murder weapon a year before murders; also not admissible under EC 1101 as it was propensity evidence.
  • Evidence that D possessed deadly weapon permissible if weapon unknown, but not if different from murder weapon.
  • While admission of guns in D's car improper if offered as "other crime" evidence, they were sufficiently connected to crimes that admission proper under EC 352.
  • Evidence that D possessed small, easily concealed unloaded gun but chose instead to take a loaded gun to murder site "to intimidate" V, was relevant to D's credibility.
  • W's testimony that gun D showed her "looked like" murder weapon admissible.
  • Rifle and ammo found near crime scene properly admitted where there was no direct evidence at time of seizure to render it irrelevant to establish material facts.
  • Despite weak probative value of knife set from D's home made by same co. as murder scene knife, set could prove D had access to or familiar w/same brand of knife.