TUCKER V. STATE
82 Nev. 127, 412 P.2d 970 (1966)
NATURE OF THE CASE: This was a prosecution for second degree murder. Tucker (D) appealed
his second-degree murder conviction.
FACTS: In 1956, Tucker (D) found a dead body in his dining room. The incident was
investigated, and a grand jury was convened. However, D was not indicted. In 1963, D found a
dead body on his couch when he woke up in the morning. This time, he was indicted. At trial,
over vehement objection, the court allowed the state to introduce evidence of the first
homicide. The court reasoned that the circumstances of the deaths were sufficiently parallel
to render admissible evidence of the first homicide to prove that D intended to kill Evans,
that the killing of Evans was part of a common scheme or plan in D's mind, and also to
negate any defense of accidental death. These limited purposes, for which the evidence was
received and could be considered by the jury, were specified by court instruction as
required by case law. D was convicted of second degree murder.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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