Davis v. State

ON APPELLANT’S MOTION FOR REHEARING.

DAVIDSON, Judge.

Appellant in his motion for rehearing, supplemented by able oral presentation, argues with much force his contention that the declarations of the deceased made to the witness Rose Hill were not a part of the res gestae and were therefore hearsay.

The record has again been examined in the light of this contention. To accept appellant’s theory of res gestae would be to overrule a long line of decisions on this question and return to the common law rule, which is that for a statement to be res gestae it must be strictly confined to the time of…