Marion v. State

ON BEHEABING.

December 27, 1916.

PBENDEBGAST, Pbesiding Judge.

Appellant now contends that the res gestae statements of Lelia, testified to by Nellie, was secondary evidence and inadmissible because the child Lelia herself did not testify, contending that her testimony would have been the best and primary evidence, and that Nellie’s was secondary or inferior. He is mistaken in his contention. Bes gestae testimony is not secondary or inferior testimony. Presiding Judge White, in Cook v. State, 22 Texas Grim. App., 524, says: “This rule as to res gestae overrides all other rules known to the law…