McGee v. State

Quillian, Judge.

Enumerations of error numbers 1, 2, 3 and 4 complain of the admission of Brooks’ testimony in regard to certain statements that were made by third parties out of the presence of the defendant. There was evidence that: Brooks was attacked by the defendant and the four other people named in the indictment; that the defendant held Brooks while the other four cut and struck him. The statements admitted in evidence were made during the time of the attack or nearly connected therewith. Therefore, the declarations grew out of the main fact, were contemporaneous therewith and were…