This section contains the nature of the case and procedural background.

In 1956, Tucker (D) found a dead body in his dining room. The incident was investigated, and a grand jury was convened. However, D was not indicted. In 1963, D found a dead body on his couch when he woke up in the morning. This time, he was indicted. At trial, over vehement objection, the court allowed the state to introduce evidence of the first homicide. The court reasoned that the circumstances of the deaths were sufficiently parallel to render admissible evidence of the first homicide to prove that D intended to kill Evans, that the killing of Evans was part of a common scheme or plan in D's mind, and also to negate any defense of accidental death. These limited purposes, for which the evidence was received and could be considered by the jury, were specified by court instruction as required by case law. D was convicted of second-degree murder.

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