Does the trial court abuse its discretion in failing to exclude the ax for being more prejudicial than probative?

MultiRegion, United States of America

The following excerpt is from U.S. v. Johnson, 637 F.2d 1224 (9th Cir. 1980):

Finally, the trial court did not abuse its discretion in failing to exclude the ax for being more prejudicial than probative under Evidence Rule 403. "District judges have wide latitude in passing on the admissibility of evidence, and admission will not be overturned on appeal absent an abuse of discretion." United States v. Kearney, 560 F.2d 1358, 1369 (9th Cir. 1977), cert. denied, 434 U.S. 971, 98 S.Ct. 522, 54 L.Ed.2d 460 (1977). The ax, as the suspected assault weapon, was very relevant to the government's case and the jury was entitled to see it.

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