117 Ark. 64 | Ark. | 1915
(after stating the facts).
The exclamations here were very similar, and made under similar circumstances, to those made by the party injured in the ciase of Plumley v. State, supra, the only difference being that in the Plumley case it was daylight, •and it was shown that the injured party knew that Plumley shot him. But this difference does not change the character of the declarations here or make them any less a piart of the res gestae.
The 'contention that the uncontroverted evidence shows that these exclamations were only the expression of an opinion on the part of Hattie Stevens, land that ¡they should have been excluded for that reason is not sound.
No question was raised at the trial as to the admissibility of the testimony of Gib Cooper, complained of here. No error, therefore, can be predicated upon the admission of that testimony. Harding v. State, 94 Ark. 65-68.
The testimony was amply sufficient to sustain the verdict.
The judgment is correct, and it is therefore affirmed.