Daniels v. State

I dissent as to the two evidence questions decided by the majority.

I

I think the testimony of Sheriff Brunt and former County Attorney Caldwell, that the deceased reported a threat on his life and inquired about placing the defendant under a peace bond and whether he could arm himself, is admissible to show the state of mind of Jones.

Generally, hearsay problems do not arise in cases where the defendant seeks to show that the victim had previously threatened him. Communicated threats made by the victim to the defendant are commonly admitted to show the effect the threat has on the state of mind…