Is a Testimony About ''Intention to Kill'' Admissible As Evidence ?
In Tate v. State, 981 S.W.2d 189, 192 (Tex. Crim. App. 1998) the court of criminal appeals considered whether testimony by Tate's aunt was admissible as evidence that the deceased was the first aggressor. Id. at 190.
Tate's aunt would have testified that a week before the deceased was killed, the deceased told her that he was "tired of all the animosity in the family . . . and it's going to cause me to have to kill Tate some day."
The court of criminal appeals determined that the trial court should have admitted the aunt's testimony because Tate's purpose in offering the testimony was not to prove the deceased's character, but rather to prove the deceased's intent or motive to cause Tate harm on the night in question. Id. at 193.
The court of criminal appeals concluded that the deceased's statement was probative of his state of mind and possibly indicated a motive or demonstration of intent behind the confrontation. Id.