Norton v. State
Court of Appeals of Texas
771 S.W.2d 160 (Tex. App. 1989)
Relevant factsFree
Norton, charged with murdering two men at his shop and claiming self-defense against alleged thieves, was convicted after the victim's widow testified that her husband said he had just spoken to Norton and was going to help him work at the shop; the trial court admitted this to show the victim's state of mind, but the testimony also conveyed the specific content of the phone call as the reason for that intent.
IssueFree
Whether the state-of-mind exception to the hearsay rule includes as admissible a statement of memory or belief admitted to prove the fact remembered or believed.