Clark v. State

159 Tex. Cr. R. 187, 261 S.W.2d 339 (1953)

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Nature of the Case

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Facts

Clark's (D) wife was found murdered, right after they got divorced. She was killed by the same type of gun that D owned. There was evidence given at trial by a telephone operator. She testified about a telephone call between D and his attorney on the night of the murder. The operator testified that she heard D admit that he had killed his wife. She admitted that she had eavesdropped on the conversation. D was convicted of murder. D appealed, claiming that Bartz' testimony should not have been allowed into evidence because it violated his attorney-client privilege.