Todd v. State

The defendant was convicted of the second degree murder of Carrie Houston "by beating her with a tire tool, shovel" or by means unknown. Sentence was fifty years' imprisonment.

The two issues raised on appeal stem from the hearing difficulties suffered by prosecution witness Percy Thomas.

I

Here Mr. Thomas was not totally deaf but only hard of hearing although to a very significant degree. However even as to a deaf mute "(i)t is well settled by modern authority that it is permissible for such witness to testify against the objections that the party against whom such testimony is given will be…