Nantz v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Reviewing appellant’s complaint of our opinion, we observe that a statement of the accused may be res gestae though in answer to a question. Branch’s Annotated P. C., p. 53, for authorities.

What is said by the accused at the time of the commission of the offense is part of the transaction itself, and therefore res gestae. Branch’s Annotated P. C. p. 52, for authorities.

When appellant made the statement held res gestae in our opinion, he was then actually making whiskey, and the statement thus became part of the transaction and admissible. The Brown…