State v. Barnes

The defendant objected to the introduction of the conversation between the deputy sheriff and the defendant. This evidence is clearly admissible, regardless of whether or not it is a part of the res gestae, because it is a declaration against interest: Or. L., § 727; State v. Zullig, 97 Or. 427, 432, 434 (190 Pac. 580).

The exception to the ruling of the court sustaining an objection to the question: “And never did come into the possession of Mr. Barnes, did it?” propounded on cross-examination to the deputy sheriff is also without merit. The record clearly discloses that the question had been…