Walker v. State
| Decision Date | 18 March 1903 |
| Citation | 72 S.W. 997 |
| Parties | WALKER v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, Eastland County; N. R. Lindsey, Judge.
John Walker was convicted of murder, and he appeals. Reversed.
D. G. Hunt, for appellant. Howard Martin, Asst. Atty. Gen., for the State.
Conviction of murder in the second degree, penalty assessed being confinement in the penitentiary for a term of 15 years.
The state was permitted to prove by the widow of deceased, Mrs. Kliner, that, about two weeks before her husband was killed, appellant sold him some bottled beer. She further testified in this connection: She further testified: Numerous objections were urged to the introduction of this testimony—among others, that these acts constituted other offenses and collateral transactions which tended to shed no light upon the question at issue, and were prejudicial. The court qualifies this bill by stating "that the evidence was offered for the purpose of showing a motive on the part of defendant to kill Kliner, and the jury were told that they could not consider it for any other purpose." The state was further permitted to introduce in evidence the minutes of the county commissioners' court, showing the putting into effect of local option in Eastland county. This was also objected to for various reasons. The court explains this bill by stating "that the evidence was offered in connection with the evidence of Mrs. Kliner as to defendant's statement to deceased that he must lie low, as the grand jury would meet soon, and the jury was informed at the time that they could only consider the fact of local option being in force in Eastland county for the purpose of showing a motive on the part of defendant to kill deceased, and that they would consider it for no other purpose." This testimony was clearly inadmissible. The homicide occurred on the night of the 23d of December. These matters occurred long prior to the killing, and were in no way connected with it. Extraneous facts and crimes are sometimes admissible when they go to show the intent, develop the res gestæ, or connect defendant with the crime for which he is being tried. Walker and deceased, Kliner, were friends, and had been for quite a length of time. On the occasion of the difficulty, Kliner was drinking,...
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