Section 23.76 Res Gestae

• Library: Criminal Practice 2012 Supp

F. (§23.76) Res Gestae

The “res gestae” exception to the hearsay rule refers to:

[T]hose exclamations and statements made by either the participants, victims or spectators to a crime immediately before, during, or immediately after the commission of the crime, when the circumstances are such that the statements were made as a spontaneous reaction or utterance inspired by the excitement of the occasion and there was no opportunity for the declarant to deliberate and to fabricate a false statement.

State v....