Killary v. Bulington-Lake Champlain Chamber of Commerce, Inc., 186 A.2d 170, 123 Vt. 256 (Vt. 1962)
The test of admissibility of colored photographs is the same as it is for models, maps, plans and black and white photographs. Preliminary evidence is required to show that they are sufficiently accurate to be helpful to the jury, and this is a question of fact for the determination of the court and is not ordinarily reviewable. State v. Gravelle, 117 Vt. 238, 241, 89 A.2d 111. The matter of the accuracy of the color reproduction in the colored photograph may require additional evidence for such determination by the trial court, in addition to that which might be sufficient for a determination of the accuracy of black and white photographs, but the principle remains the same. It still remains a question of discretion on the part of the trial court.
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