Conley v. Commonwealth, 95 S.W.2d 1094 (Ct. App. Ky. 1936)

"As this man may be tried again, we will correct an error which appears in the evidence. Several bullets were picked up and dug out where this man-trip was stopped when it was fired on, and Richard Potter testified from a casual examination of one of them that it had been fired from a Winchester rifle which he had seen at Jesse Swinneys. The defendant's motion to exclude this was overruled, which was erroneous. This court has been most careful in admitting ballistic evidence. In Jack v. Com., 222 Ky. 546, 1 S.W.2d 961, we reversed a judgment where evidence had been admitted of a far more careful examination than this one, and we do not recall having ever approved the admission of such evidence where the examination was made with less care than that outlined in Evans v. Com., 230 Ky. 411, 19 S.W.2d 1091, 66 A. L. R. 360. The court should have awarded appellant a new trial."