Waters v. State

1. In special ground 1 the State introduced the testimony of police officer Murphy to the effect that the collision happened around eight p. m , and that six hours later he arrested the defendant some distance away and the defendant “was drunk at the time.” The defendant objected to this testimony on the ground that it was not part of the res gestae, and took place some six or seven hours after the collision. While this testimony was not admissible as part of the res gestae and was not illustrative of whether or not the defendant was intoxicated at the time of the collision and was driving-…