One facet of this discussion - - -
Ammo used being brought up in court? Or, is the question, does it make any difference in the outcome?
I served over 19 years as a prosecutor's investigator in Texas courts. I saw quite a few death-by-gunshot cases tried in court. In the shooting death cases which which I am familiar, there were only a few in which the ammo was a factor - - - -
One guy was fired from a construction crew. He borrowed a shotgun with several rounds of birdshot. He went to a sporting goods shop and bought a five-pack of Remington slug loads. He loaded up and returned to the work site. Unclear whether the foreman saw the gun, or simply didn't want to talk with the defendant. Anyway, defendant shot the foreman in the back from about 20 feet. Slug struck just to the side of his spine and exited the chest. Foreman turned around, then dropped. Dead on scene.
There was testimony elicited that 12 ga. slugs are better suited for the shooting of large animals than birdshot. The clerk recalled the sale of the slugs but no comment from defendant as to intended use. The jury was out only briefly and found defendant guilty of murder, a first degree felony. I believe the sentence was 60 years.
Jurors later commented that the borrowing the gun was significant, but it might have been "just to scare the victim." The purchase of the slugs was important in that it indicated premeditation to actually kill as opposed to frighten or wound.
Need to check my recollection on a couple of other fact situations.
Best,
Johnny