Officer Mowatt, who locked it up in the lab. Officer Kierstead performed certain tests on the gun and dusted it for fingerprints. He identified Exhibit 2 as the gun on which he had performed those functions. After these Officers testified, Exhibit 2 was admitted into evidence over the defendant's general objection.
The defendant presented three witnesses who testified that the defendant had been very drunk on December 16, 1980, and that he had passed out or was asleep in his girlfriend's apartment at 185 Grant Street when the robbery occurred. The defendant's girlfriend testified that the shotgun belonged to her and that she had never loaned it to the defendant.
The day before the trial, the defendant moved for an order in limine to exclude from the jury's view Exhibitbe. The gun was first produced at trial during the testimony of Officer Demakis. The officer had testified at that point about seeing the defendant "putting out rubbish" in front of 185 Grant Street in Portland shortly after receiving a radio dispatch that a robbery was in progress at Terroni's Market on December 16, 1980, and that that location is nearby to Terroni's Market.[1] The officer had testified that two days later he executed arrest warrants against the defendant in an apartment at that same location and that he found the defendant apparently sleeping on a bed in that apartment.[2] He described the defendant as lying face down on a bed with one hand "draped over the side of the mattress" so that it was 18 to 20