United States v. Johnson

637 F.2d 1224 (9th Cir. 1980)

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Nature of the Case

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Facts

During trial, the Government called Papse as a witness. A long-handled ax was offered into evidence during his testimony. Papse identified the ax as the one used in the assault in that he was pretty sure it was the one. The ax had actually been taken from Johnson's (D) residence five days after the assault. D objected to the introduction of the ax as there had not been sufficient foundation or authentication. The ax was admitted, and D was convicted and appealed; the witness failed to testify that he could distinguish the ax shown him as the one used in the assault and any other ax. D appealed.