State v. Maxey

*800The opinion of the court was delivered by

Breaux, J.

The defendants, Maxey and Smith, were charged by information of the district attorney with shooting Barney Grogan with intent to murder. 'They were tried by jury and sentenced to three years’ imprisonment in the State penitentiary. They appeal from the verdict and sentence. Their grounds are stated in three bills of exceptions.

The first bill of exceptions presents the question whether the evidence admitted was admissible as part of the res gestae. The defendants stoutly deny that the evidence was part of the res gestae. The court inserted in…