People v. Roach
Before: Cope
Synopsis
Where, on trial for assault with intent to commit murder, evidence had been offered tending to show that defendant was first assaulted by the party injured and several other persons : Held, that what these persons said at the time they made the assault, illustrative of its object and the motive prompting it, was part of the res gestm and admissible for defendant.
Cope, J. delivered the opinion of the Court Baldwin, J. concurring.
The judgment in this case must be reversed. There was some evidence tending to show that the defendant was assaulted by the party injured and several other persons, and what was said by these persons at the time of the assault, illustrative of its object, and the motive which prompted it, was a part of the res gestee, and should have been admitted in evidence.
Judgment reversed and cause remanded for a new trial.
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