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Rh "undoubtedly the minute peg of relevance will be entirely obscured by the quantity of dirty linen hung upon it, fair play directs the exclusion of the exhibits."

After holding that the trial court had abused its discretion in admitting the pictures, the New Jersey court nevertheless affirmed the conviction because the objection at trial was insufficient to preserve the point for appeal.

Similar problems presented by allowing the use of such photographs were discussed in State v. Adams, 76 Wash.2d 650, 458 P.2d 558 (1969), (Rosellini, J. dissenting) rev'd in part, 403 U.S. 947 (1971):

The majority seems to feel that, because we have never found that the introduction of photographs constituted prejudicial error, we are committed to the philosophy that the trial court's exercise of discretion on such matters is not subject to review. The trouble is, I fear, that every time we refuse to reverse in a doubtful case, the impression is created that the prosecutor is free to go a little further next time. I also fear that, if this trend is allowed to continue, pictorial appeals to the emotions of the jury may become an accepted substitute for proof that the defendant committed the crime.

The Washington court's increased concern over the widening acceptance of inflammatory pictures was expressed again in State v. Crenshaw, 98 Wash. 2d 789, 659 P.2d 488 (1983):

"Prosecutors as well as trial courts must exercise their discretion in the use of gruesome photographs. The statement that 'the State had the right to prove its case up to the hilt in whatever manner it chose,' must be read to mean only that the State may present ample evidence to prove every element of the crime Prosecutors are not given a carte blanche to introduce every piece of admissible evidence if the cumulative effect of such evidence is inflammatory and unnecessary. In other words, in such situations where proof of the criminal act may be amply proven through testimony and noninflammatory evidence, we caution prosecutors to use restraint in their reliance on gruesome and repetitive photographs."