UNITED STATES V. JOHNSON
637 F.2d 1224 (9th Cir. 1980)
NATURE OF THE CASE: This was an appeal from a conviction for assault with an ax. Johnson
(D) appealed from a judgment, which convicted D of one count of assault resulting in serious
bodily injury in violation of the Major Crimes Act of 1885, 18 U.S.C.S 1153 (1976), and 18
U.S.C.S. 113(f) (1976).
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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