This section contains the nature of the case and procedural background.

Two eyewitnesses observed Sutton (D) and a Mrs. Glass, the victim, emerge from a car and embrace momentarily. D then fired shots at Mrs. Glass, and Mrs. Glass fled. D pursued her and when she fell to the ground D fired three shots at point-blank range into her body. Mrs. Glass died at the scene. D was found next to her by the police with a bullet wound and beside the body of Mrs. Glass was found an envelope with four notes three of which were received into evidence. The specific information in the notes pointed to D as the penman, but one of the notes was not clearly written by D; an amorous note from Arthur to an unnamed addressee. Another note was found on D when he arrived at the hospital. Three of the notes were admitted into evidence. D was found guilty and appealed.

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