Hall v. State
Supreme Court of Georgia
Criminal law. Res gestae. Evidence. Before Judge Hopkins. Eulton Superior Court. April Term, 1872. Hall was placed upon trial for the offense of an assault with intent to commit murder, alleged to have been perpetrated upon the person of one Thomas Cushman, on December 5th, 1871. The indictment also contained a count charging defendant with the offense of shooting at said Cushman, not in his own defense, nor under circumstances of justification.
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Criminal law. Res gestae. Evidence. Before Judge Hopkins. Eulton Superior Court. April Term, 1872. Hall was placed upon trial for the offense of an assault with intent to commit murder, alleged to have been perpetrated upon the person of one Thomas Cushman, on December 5th, 1871. The indictment also contained a count charging defendant with the offense of shooting at said Cushman, not in his own defense, nor under circumstances of justification. The defendant pleaded not guilty. During the trial the defendant proposed to prove by Thomas *Newman, the officer who arrested him, as a part of the…
1Opinion of the Court
McCay, Judge.
The res gestae of a transaction is what is done during the progress of it, or so nearly upon the actual occurrence as fairly to be treated as cotemporaneous with it. No precise point of time can be fixed a priori where the res gestae ends. Each case turns on its own circumstances. Indeed, the inquiry is rather into events than into the precise time which has elapsed. Is the proof offered of a matter fairly a part of the same transaction? Is it an event happening naturally and spontaneously as a part of the occurrence under investigation? If so, the law permits it *456to be proven as…
2Cited by22 opinions
- Warrick v. StateSupreme Court of Georgia · 1906
- Lambright v. StateSupreme Court of Florida · 1894
- Lyles v. StateSupreme Court of Georgia · 1908
- Savannah, Florida & Western Railway Co. v. HollandSupreme Court of Georgia · 1889
- State v. BrocksSupreme Court of Iowa · 1922
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