Evidence keyed to Waltz
Clark v. State
Facts
The Appellant was convicted of murdering his ex-wife and sentenced to death. The deceased was killed by a gunshot wound from a .38 revolver at home in her bed. The Appellant’s former step-daughter testified that she awoke the night of the murder and saw the Appellant standing by her bed. He asked her for help in persuading her mother to come back to him, and she saw that he was carrying a pistol. Tomas Menchaca (“Mr. Menchaca”) testified that he was with the Appellant throughout the night of the murder. Mr. Menchaca’s testimony showed that the Appellant did visit the deceased’s home and that he was carrying pistols throughout the night. He also identified the knife found in the deceased’s home as belonging to the Appellant. A telephone operator in the City of San Angelo testified that she overheard a phone conversation between the Appellant and his lawyer. During the conversation, the Appellant stated “Well, I killed her.” The Appellant testified that he did not remem ber the events of that night because he was emotionally upset. The Appellant also made a motion for rehearing arguing that there should have been an affirmative charge to the jury on temporary insanity, and the trial court should have submitted to the jury the question of whether Mr. Menchaca was an accomplice.
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