Demonstrative Evidence (Weapons) In Court
Demonstrative weapons can be utilized by the prosecution if:
(1) the original is not available;
(2) if available the original would be admissible;
(3) if it is relevant and material to an issue in controversy;
(4) its probative value outweighs any inflammatory effect;
(5) the jury is instructed that the weapon is not the weapon used in the commission of the crime, and is to be considered by the jury solely as evidence that demonstrated or illustrated what the object used in the offense looks like. Miskis v. State, 756 S.W.2d 350, 352 (Tex. App.-Houston [14th Dist.] 1988, pet. ref'd).