Russey v. State

Tom Glaze, Justice.

Appellant Ira Russey was convicted by a jury of first-degree murder of his wife and sentenced to forty years’ imprisonment. His sole point for reversal is that the trial court abused its discretion by allowing into evidence a police officer’s testimony regarding a domestic violence incident which occurred between Ira and his wife, Diane, before the date he shot and killed her.

The state’s evidence showed that, sometime in April of 1994, Diane left Ira, and moved into her mother’s, Ruby Irvin’s, house. Ira had professed his love for Diane, and wanted her to return to him. On…