Ferrell v. Commonwealth, 14 S.E.2d 293 (Va. 1941)

The court held that the expert opinion was properly admitted despite not performing any tests in front of the jury because it is within the trial court's discretion whether the witness must perform those tests before the jury. "In the instant case, a prosecution for homicide, an expert of the Federal Bureau of Investigation expressed an opinion that a shotgun shell found near decedent's house was fired from a gun belonging to accused. The admission of this testimony was assigned as error, because the witness was not required to make tests before the jury showing how he arrived at his conclusion. Held: That there was no merit in the assignment of error, since to require such tests was largely a matter within the discretion of the trial court and whether the witness should have been required to bring with him the paraphernalia of his office, cameras, microscopes, etc., was a matter for the court."