137 Ga. 398 | Ga. | 1911
The defendant was indicted for the murder of his wife, Alma "Walker. He was convicted, and sentenced to be hanged. The indictment contained two counts; the first charged that the defendant, after having thrown gasoline and other inflammable liquids upon her person and clothing, did set fire to her person; and the second count charged that he set fire to her clothing and person. The evidence was entirely circumstantial, and we think sufficient to authorize the verdict. It would be unprofitable to reproduce the essential features of the case as embodied in the voluminous record, and for that reason we will not attempt it.
It is impossible to frame a definition of the term res gestee which will adequately cover all the various and different uses to which it is put. As was said by Bleckley, J., in Cox v. State, 64 Ga. 410 (37 Am. R. 76): “The difficulty of formulating a description of the res gesta which will serve for all cases seems insurmountable. To make the attempt is something like trying to execute a portrait which shall enable the possessor to recognize every member of a very numerous family.” Our code defines it as declarations accompanying an act or so nearly connected therewith in time as to be free from all suspicion of device or afterthought. Civil Code (1910), § 5766. “The res gesta of a transaction is what is done during the progress of it, or so nearly upon the actual occurrence as fairly to be treated as contemporaneous with it. No precise point of time can be fixed a priori where the res gesta ends. Each case turns on its own circumstances.” Hall v. State, 48 Ga. 608. The best guide to keep within the rule is furnished by the decided cases which serve as illustrations of its application. In Munday v. State, 32 Ga. 676 (79 Am. D. 314), a witness was attracted by the cries of the person assaulted. He went to where he was, and some one ran off. He asked the person assaulted what was the matter, to which
When the testimony in question was offered, evidence had been submitted 'tending to show that immediately after the clothes of the decedent became ignited the accused ran to a neighbor’s house about 175 yards distant 'and told the young daughter of the neighbor that his wife was on fire; that about the same time the accused called a negro by the name of Frank Lightfoot, who lived about 75 or 100 yards from the neighbor’s, and exclaimed, “Alma [the’wife of the defendant] is on fire; run quick.” The
Judgment affirmed.