Fackler v. State

FRANK D. UPCHURCH, Jr., Judge.

Appellant appeals from a conviction for first degree murder and a sentence of life imprisonment.

We find no harmful error and affirm. The only point raised which merits discussion is whether the trial court erred in failing to conduct a Richardson1 hearing prior to permitting a witness to testify where the necessity for calling such witness occurred as a result of unforeseen circumstances which developed during trial.

At trial, the defense, in its case in chief, called Marie Odom, appellant’s mother. On cross-examination, the state tried to impeach her with a…