Chalks
Stearns v. Smith, 99 A.2d 340, 149 Me. 127 (Me. 1953)
Much of the evidence centered about a diagram or 'chalk' drawn on a blackboard by a police officer. There is testimony[149 Me. 130] so often found of a 'street here,' and 'skid marks there.' The diagram was not introduced in evidence. The record of a ...
Tierney v. Quinn, 175 A.2d 725, 157 Me. 542 (Me. 1961)
A 'chalk' is not evidence in itself, and yet it is often a most useful and indeed an indispensable tool in the courtroom in reconstructing the past or otherwise illustrating the testimony of the witness on the stand. Here, for example, the presiding ...
State v. Bellanceau, 367 A.2d 1034 (Me. 1977)
Turning then to the question of who has the burden of bringing forward an adequate appellate record, there seems to be no serious question in any jurisdiction that the burden rests upon the appellant. The appellant could have easily had the 'chalk' ...
State v. Knight, 43 Me. 11 (Me. 1857)
Maps and diagrams not claimed to be strictly accurate are permitted to be used as chalk for purposes of illustration, and to make more clear a verbal description.
Gamache v. Cosco, 87 A.2d 509, 147 Me. 333 (Me. 1952)
Counsel should have in mind that unless care is taken, when a chalk is used, the printed record will not show facts that might be vital in some cases, although not important in the case at bar.
Thompson v. Columbian nat. Life Ins. Co., 95 A. 229, 114 Me. 1 (Me. 1915)
Whether demonstrative evidence of this character should be admitted depends, within well-defined limits, upon the discretion of the presiding justice. And, unless the discretion is abused, exceptions do not lie. Ordinarily a preliminary question is ...
State v. Irving, 818 A.2d 204, 2003 ME 31 (Me. 2003)
An illustrative aid is a depiction or object which illustrates testimony or argument. M.R. Evid. 616(a). It does not go into the jury room unless counsel agree or by order of the court for good cause. Id. 616(d). While it does not have to meet the ...
State v. Corbin, 759 A.2d 727, 200 ME 167 (Me. 2000)
Therefore, as in State v. Waldron, 642 A.2d 148 (Me.1994), this innocuous use of a properly admitted demonstrative chart to further the jury's understanding of the evidence, especially where there had been many different checks presented over the ...
State v. Woodbury, 403 A.2d 1166 (Me. 1979)
A sketch or diagram is generally admissible to illustrate the testimony of a witness so long as the sketch represents an accurate portrayal of the facts which the witness is attempting to relate. United States v. D'Antonio, 324 F.2d 667, 668 (3rd ...
State v. Irving, 818 A.2d 204, 2003 ME 31 (Me. 2003)
An illustrative aid is a depiction or object which illustrates testimony or argument. M.R. Evid. 616(a). It does not go into the jury room unless counsel agree or by order of the court for good cause. Id. 616(d). While it does not have to meet the ...
Irish v. Gimbel, 69` A.2d 664, 1997 ME 50 (Me. 1997)
"The court in its discretion may condition, restrict or exclude the use of any illustrative aid to avoid the risk of unfair prejudice, surprise, confusion or waste of time." M.R.Evid. 616(b). The exercise of discretion pursuant to Rule 616(b) "is ...
State v. Philbrick, 43 A.2d 844 (Me. 1981)
The persuasive power on juries of in-court demonstrative evidence is widely conceded. See McCormick on Evidence § 212 (2d ed. 1972) ("seeing is believing"). A trial court should exercise its discretion carefully before permitting such demonstrations ...