O'Neal v. State

1. “Declarations accompanying an act, or so nearly connected therewith in time as to be free from all suspicion of device or afterthought, are admissible in evidence as part of the res gestae.” Penal Code (1910), § 1024. “No precise point of time can be fixed a priori when the res gestae ends. Each case turns on its own circumstances. Indeed, the inquiry is rather into events than into the precise time which has elapsed.” Thornton v. State, 107 Ga. 686 (33 S. E. 673). Under the facts of this case the court did not err in admitting evidence of sayings of the deceased as a part of the res…