Wednesday, December 18, 2013

Clark v. State case brief

Clark v. State case brief summary
261 S.W.2d 339 (Tex. Crim. App. 1953)

Defendant appealed from the dismissal of his original motion for rehearing, claiming various errors occurred during his criminal trial.

Defendant was accused of murdering his former wife following their divorce. Defendant claimed various errors occurred during his trial, including the court's failure to submit to the jury a question of whether a witness was actually an accomplice.


  • The court here found that the failure to submit defendant's proposed instruction was not reversible error. 
  • The court rejected defendant's claim that the insanity defense instruction was improper, finding that the trial court amply protected appellant's rights when giving a requested charge. 
  • The court further determined that a phone conversation overheard by an operator where defendant was advised by his divorce attorney to "get rid of the weapon" was not privileged because it did not constitute aid in making and preparing defendant's defense at law. 
  • Instead, the conversation was admissible as not within the realm of legitimate professional counsel since it was aid to the perpetrator in order to evade arrest.

The court overruled defendant's motion for rehearing after finding that the appeal was properly disposed of on original submission.

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