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United States v. Wanoskia

800 F.2d 235 (1986)

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United States v. Wanoskia

United States Court of Appeals for the Tenth Circuit

800 F.2d 235 (1986)

Facts

Elward Roe Wanoskia (defendant) was charged with the shooting death of his wife. Wanoskia testified at trial that his wife had actually shot herself in the head. The prosecution (plaintiff) called a series of expert witnesses to testify that the victim could not have shot herself because the gunpowder burns on her face indicated that the gun was a certain distance away when it was fired. This line of testimony culminated in a woman approximately the victim’s size holding the gun involved in the shooting away from her head in the courtroom and the prosecution measuring that distance. The model could not hold the gun far enough away to reach the distance indicated by the gunpowder evidence on the victim’s face. Wanoskia was convicted, and he appealed.

Rule of Law

Issue

Holding and Reasoning (Logan, J.)

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