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Publisher Description

COOPER, Justice. OPINION William Robert Butler was convicted of second degree murder and received a twenty year sentence, for shooting and killing his wife. He also was convicted of assault and battery for wounding a bystander in the same incident. On appeal of the murder conviction, the Court of Criminal Appeals concluded that the trial court committed prejudicial error (1) in ordering defense counsel to refrain from questioning juvenile prosecution witnesses about past juvenile court adjudications, and (2) in excluding evidence of threats by the deceased against the defendant, uncommunicated to him, which were tendered to show the state of mind of the deceased, and reversed the conviction. We granted the state's application for permission to appeal to review the action of the Court of Criminal Appeals. At issue also is the denial by the trial court of an amendment to Butler's motion for new trial. The homicide victim was Mary Ellen Butler, the appellant's estranged wife. Mrs. Butler and her three children shared a mobile home with her sister-in-law, Cathy Overton, and Cathy Overton's son. Charles Lee Kirk, who was stationed at Millington Naval Air Station, spent the weekends at the trailer with Mrs. Butler. All of these parties and Jimmy Dale Perry, the teenage son of a neighbor, were present when Butler shot his wife.

GENRE
Professional & Technical
RELEASED
1981
December 28
LANGUAGE
EN
English
LENGTH
13
Pages
PUBLISHER
LawApp Publishers
SIZE
74.7
KB

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