Smithwick v. State

Atkinson, Justice.

(After stating the foregoing facts.) The first special ground of the motion for new trial alleges error in the court’s refusal to allow the accused to produce evidence that, the deceased had previously made assaults upon some other person, the objection by the State being to the effect that it was an effort to establish general bad character of the deceased for violence by proof of specific acts.

In a trial for murder, the general character of the deceased for turbulence and violence may be shown, where there is evidence tending to establish that at the time of the homicide…