Skip to content

Macklin v. State, 76 P.2d 1091 (Crim. Ct. App. Ok. 1938)

Case (cite)
Macklin v. State, 76 P.2d 1091 (Crim. Ct. App. Ok. 1938)
Type of proceeding
Type of claim
Type of claim (second claim)
Expert evidence ruling reversing or affirming on appeal:
What was the ruling?
Correct to Admit
Type of evidence at issue:
Firearms identification
Defense or Prosecution Expert
Name of expert(s) who were the subject of the ruling
Andrew Moore
Summary of reasons for ruling
Defendant argues the court erred in allowing the witness to testify as an expert. The court disagreed and held that it was not an error. The court held that the witness qualified as an expert. The witness had experience testing firearms, worked in a police lab, made over 100 tests, testified in many cases, and explained his method for examing the gun. The court cites to the discussion in Best.
The jurisdiction’s standard for expert admissibility at the time – list all that apply: (Frye), (Daubert), (Post-2000 Rule 702), (Other)
Second standard
Did lower court hold a hearing
Names of prosecution expert(s) two testified at hearing
Names of defense expert(s) who testified at hearing (or None).
Discussion of 2009 NAS Report (NAS2009)
Discussion of 2016 PCAST report (PCAST)
Discussion of error rates / reliability
Frye Ruling
Limiting testimony ruling
Language imposed by court to limit testimony
Ruling based in prior precedent / judicial notice
Daubert ruling emphasizing – which factors – (list 1-5)
Ruling on qualifications of expert
Ruling on 702(a) – the expert will help / assist the jury
Ruling on 702(b) – the testimony is based on sufficient facts or data
Ruling on 702(c) – the testimony is the product of reliable principles and methods
Ruling on 702(d) – reliable application of principles and methods to the facts of the case


“There were few decisions with reference to the introduction of expert testimony to identify the weapon from which a shot was fired until recent years, but the science of ballistics is now recognized as one of the best methods in ferreting out crime that could not otherwise be detected. Expert evidence to identify the weapon from which a shot was fired is generally admitted under the rules covering other forms of expert testimony, and it is the modern tendency of the courts to allow the introduction of such testimony, where the witness’ preparation as shown by experience and training qualifies him to give expert opinion on firearms and ballistics tests. In our opinion the witness in this case showed such qualifications.”