412 P.2d 970 (Nev. 1966), 4893, Tucker v. State

Docket Nº:4893.
Citation:412 P.2d 970, 82 Nev. 127
Party Name:Horace Goucher TUCKER, Appellant, v. The STATE of Nevada, Respondent.
Case Date:April 11, 1966
Court:Supreme Court of Nevada
 
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Page 970

412 P.2d 970 (Nev. 1966)

82 Nev. 127

Horace Goucher TUCKER, Appellant,

v.

The STATE of Nevada, Respondent.

No. 4893.

Supreme Court of Nevada.

April 11, 1966.

Harry E. Claiborne, Las Vegas, for appellant.

Harvey Dickerson, Atty. Gen., Carson City, Edward G. Marshall, Clark County, Dist. Atty., Earl Gripentrog, Deputy Dist. Atty., Las Vegas, for respondent

[82 Nev. 128] THOMPSON, Justice.

On May 7, 1957, Horace Tucker telephoned the police station and asked a detective to come to the Tucker home in North Las Vegas. Upon arrival the detective observed that Tucker had been drinking, was unshaven, and looked tired. Tucker led the detective to the dining room where one, Earl Kaylor, was dead on the floor. Kaylor had been shot several times. When asked when had happened, Tucker said that he (Tucker) had been sleeping in the bedroom, awakened, and walked to the dining room where he noticed Kaylor lying on the floor. Upon ascertaining that Kaylor was dead, Tucker telephoned the police station. He denied having killed Kaylor. A grand jury conducted an extensive investigation. Fifty-three witnesses were examined. However, an indictment was not returned as the grand jury deemed the evidence inconclusive. No one, including Tucker, has ever been charged with that killing.

Page 971

On October 8, 1963, Horace Tucker telephoned the police and asked a sergeant to come to the Tucker home in North Las Vegas; that there was an old man dead there. Upon arrival the sergeant noticed that Tucker had been drinking. The body of Omar Evans was dead on the couch in the living room. Evans had been shot. Tucker stated that he (Tucker) had been asleep, awakened, and found Evans dead on the couch. Subsequently Tucker was charged with the murder of Evans. A jury convicted him of second degree murder and the court pronounced judgment and the statutory sentence of [82 Nev. 129] imprisonment for a term of 'not less than 10 years, which term may be extended to life.'

At trial, over vehement objection, the court allowed the state to introduce evidence of the Kaylor homicide. The court reasoned that the circumstances of the deaths of Kaylor and Evans were sufficiently parallel to render admissible evidence of the Kaylor homicide to prove that Tucker intended to kill Evans, that the killing of Evans was part of a common scheme or plan in Tucker's mind, and also to negate any defense of...

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