Swanson v. State

SHEPARD, Chief Justice.

In assessing the admissibility of certain evidence characterized as prior bad acts, both the trial court and the Court of Appeals held that the evidence was admissible as part of the res gestae of the offense. We hold that the admissibility of evidence heretofore claimed admissible as part of the res gestae should henceforth be analyzed by reference to the Indiana Rules of Evidence. The res gestae rule itself has not survived the adoption of those rules.

Appellant Darryn A. Swanson was tried before a jury and found guilty of murder, a felony, Ind.Code § 35-42-1-1 (West…