Allen v. State

BERRY, Judge.

The offense is murder and the punishment is fifteen years in the penitentiary.

The State’s case showed an unprovoked homicide while the defendant claimed that the killing grew out of illicit familiarity between the deceased and his wife and that the killing was actually done in self-defense. These questions were very sharply presented by the evidence and without doing violence to the facts the jury might have adopted either theory presented.

With the record in this condition, the State was permitted to prove over the objection of the defendant by a witness who had roomed at…