Duncan v. Smith

The foregoing opinion was written by Judge COLLINGS as the opinion of the court except on the question of admissibility of alleged res gestae statements. The majority agrees with his opinion except on the question of admissibility of the statements of Millard Harvey Lee. The majority opinion on that question is as follows:

Appellants contend the judgment must be reversed because of the refusal of the court to admit the testimony of an investigating officer as to statements of the negro bus driver as to the cause of the accident. To be admissible as res gestae statements they must have been…