State v. Helms

DIXON, Judge.

Defendant appeals a conviction of second degree murder. The jury fixed punishment as 40 years imprisonment.

Defendant raises issues of (1) error in admitting testimony of witnesses as to exhibits, reports and memoranda because the state had violated discovery procedures; (2) error in admitting evidence of defendant’s prior assaultive behavior toward the victim.

Defendant does not challenge sufficiency, and a short statement of fact will be sufficient. The victim was discovered dead in the defendant’s apartment January 24, 1976. In the early morning hours of January 24, 1976,…