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United States v. Johnson

United States Court of Appeals for the Ninth Circuit

637 F.2d 1224 (1980)

Relevant factsFree

The government tried Johnson (defendant) for assaulting Papse with an ax. At trial, Papse testified he was "pretty sure" the ax offered into evidence was the one Johnson used, based on his familiarity with the ax and having seen it in Johnson's hand. The ax was admitted, and Johnson was convicted. Johnson appealed, arguing Papse's identification lacked specific distinguishing details and that the ax's condition at trial differed from its condition at the scene.

IssueFree

Whether a witness's identification of an object, sufficient to make a prima facie case that it is what the offering party claims, satisfies the authentication requirement of FRE 901(a) for admission into evidence.

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