talking about looking for “Big 0” because he had taken their guns. They called Russell and told him they were going to get “Big 0.” The group then prepared to go out by gathering masks and guns, but Edwards did not go with them. Later that evening, Barnes, Hill, Wright, and Russell awakened Edwards by knocking on the door to his aunt’s house where he was staying, which was “right across down the street from that Fast Freddy’s.” Edwards testified that Barnes told him they had “killed the girls,” had “made ‘em do a lot of nasty stuff,” and that Russell made them perform sexual acts. Barnes told him that Russell had told him to “[s]hoot ‘em’ and that “he shot ‘em in the booty,” but that his gun jammed, so Russell shot one woman in the head. Barnes also tol xarkana 2002, pet. granted) (<HOLDING>). In Montgomery, the court of criminal appeals
holding trial court abused its discretion under rule 403 by admitting evidence of cocaine metabolite in defendants bloodstream in prosecution for vehicular manslaughter where evidence established metabolite has no cocainelike effects and no evidence existed defendant was under influence of cocaine at time of accident holding no abuse of discretion in trial courts exclusion of evidence where evidence was cumulative holding that the trial court did not exceed its discretion under rule 403 by allowing evidence that provided background for the crime charged holding district court abused its discretion in admitting state court findings of fact holding that the issue was more appropriately framed as whether the trial court abused its discretion by admitting the evidence at trial