United States v. Johnson

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

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Nature of the Case

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Facts

While on an Indian reservation, D, an Indian, struck two other Indians with the blunt end and handle of a long-handled ax. D was charged with two counts of assault, resulting in serious bodily injury. At trial, P called one of the victims, Edwin Papse, to the stand. A long-handled ax was offered into evidence. The ax had been seized at D’s residence five days after the assault from a search warrant. Papse identified the ax as the weapon but did so hesitantly. D objected, but the ax was admitted into testimony. D was convicted and appealed. D argues the ax allegedly used in the assault was admitted into evidence without first being authenticated properly.