Tucker (defendant) was charged with murder. On the day of the murder, he had called the police to report that there was a dead man in his house, but that he had been asleep when the murder occurred and had awoken to find the victim lying on the floor. The prosecution sought to introduce evidence of an incident of substantially the same facts that had occurred about six years earlier in Tucker’s house. However, Tucker was never charged with that prior murder (nor was anyone else). The trial court admitted this evidence of the circumstances of the prior murder and as a result Tucker was convicted of the present murder. He appealed on the grounds that the evidence of the prior incident at his house should have been excluded.