Clark v. State

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

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.