State v. Lane

PARKER, Judge.

Defendant first contends that the court erred in overruling his objections and permitting the police officer to whom defendant had made a statement to demonstrate to the jury the man ner in which defendant had shown him he shook the baby. Citing State v. Phillips, 228 N.C. 595, 46 S.E. 2d 720 (1948) for the proposition that experimental evidence is competent only when the experiment is carried out under substantially similar circumstances, defendant contends that the police officer, who was a larger individual than the defendant, should not have been permitted to make the…