Freeman v. State

The fact that appellant was under arrest when he made an oral statement at the scene of the accident would not alone render such statement inadmissible.

In the absence of a showing in the bill that the statement was not admissible as res gestae, reversible error is not shown. Garland v. State, 157 Texas Cr. Rep. 4, 246 S.W. 8d 204. Reference is also made to the writer’s dissent in Lindsey v. State, (p. ______, this volume), and Bates v. State, 167 Texas Cr. Rep. 414, 321 S.W. 2d 76, there cited.