...As for the evidence, that was clearly sufficient once it is understood that any alteration that works against legibility is enough; once again, we assume defendant's knowledge of the alteration which, in this case, can hardly be disputed. The pistol was presented to the jury. The case agent testified at trial that he could read the six digits of the serial number but with difficulty. At oral argument, Adams's counsel asked that this court examine the original pistol, and we now report the results.
Of the original six digits, the first four have been scratched or abraded so that they are significantly more difficult to read. In the case of the first, second and fourth, about half or more of the digit has been obscured by the scratching although the original can still be made out, while the third is damaged badly enough that it could be taken as a 3 or a 5. The case agent identified it as a 5, but it is so far from a slight scratch or minor imperfection as to make concerns about the borderline academic in this case. (To complete the story, the fifth digit is completely readable but was thoroughly scratched at and only the sixth digit is unmarred.)
Of course, judgment as to the degree of impairment was for the jury. But a reasonable jury could easily conclude that this pistol had been altered so as to make it appreciably more difficult to read the serial number. Indeed, a reasonable jury could hardly reach any other conclusion.. ...
