United States v. Sutton
United States Court of Appeals for the District of Columbia Circuit
426 F.2d 1202 (1969)
Alexander Sutton (defendant) was found wounded next to the body of Matilda Glass, whom he was charged with murdering. At trial, the government introduced four notes: three found near Glass's body — one referencing Sutton's troubles with "Matilda," hinting at a future event, giving instructions for disposing of his property, and listing his wife's and daughter's names and addresses; another about a relationship between "Arthur" and an unnamed woman; and a love note from "Arthur" — plus a fourth note found in Sutton's own clothing at the hospital, instructing the finder to contact Sutton's mother, wife, and daughter at addresses matching the first note. Sutton was convicted and appealed, arguing the notes were never properly authenticated as his.
Whether evidence may be authenticated by sufficient circumstantial facts even without direct testimony establishing its authorship.