Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

BRIAN CLARK SMITH, APPELLANT, v. STATE OF NEVADA, RESPONDENT.

OPINION

Per Curiam:

On February 25, 1970 Smith was convicted by a jury of the crime of Possession of a Cheating Device. NRS 465.080. Smith was observed, by a security officer, playing a slot machine in the Thunderbird Hotel in Las Vegas with a twenty-five cent coin having a mono-filament string attached. The device made it possible for Smith to play the slot machine a number of times using only one coin.

Over objection, the security officer was allowed to demonstrate at the trial how the cheating device worked. Smith now contends the trial judge erred by allowing the demonstration without a proper foundation. The security officer testified that the actual slot machine Smith used and the demonstrator were both Bally machines with standard acceptors. He testified both machines were substantially similar. Admissibility of evidence depends upon a foundational showing of substantial similarity between the tests conducted and actual conditions. Ramseyer v. General Motors Corporation, 417 F.2d 859 (8th Cir. 1969). The decision whether to allow a demonstration rests largely in the discretion of the trial judge and his decision will not be overturned on appeal absent a clear showing of an abuse of discretion.

Affirmed.

Use AI to get other relevant cases.

Comments

SMITH v. STATE
(Feb 26, 1971)