RES GESTAE: Res gestae refers to the
circumstances, facts, and declarations that grow out of the main fact and serve
to illustrate its character and are so spontaneous and contemporaneous with the
main fact as to exclude the idea of deliberation and fabrication. The test of admissibility of evidence as a
part of
the res gestae is, therefore,
whether the act,
declaration, or exclamation, is
so interwoven or connected with the principal fact or event that it
characterizes as to be regarded as a part of the transaction itself, and also
whether it clearly negates any premeditation or purpose to manufacture
testimony.
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