A Suggested Classificatiion of Utterances Admissible as Res Gestae, 31 Yale Law Journal 229 (1922)
The marvelous capacity of a Latin phrase to serve as a substitute for reasoning, and the confusion of thought inevitably accompanying the use of inaccurate terminology, are nowhere better illustrated than in the decisions dealing with the admissibility of evidence as "res gestae." It is probable that this troublesome expression owes its existence and persistence in our law of evidence to an inclination of judges and lawyers to avoid the toilsome exertion of exact analysis and precise thinking. Certain it is that since its introduction at the close of the eighteenth century, on account of its exasperating indefiniteness it has done nothing but bewilder and perplex.
Date of Authorship for this Version
Morgan, Edward M., "A Suggested Classificatiion of Utterances Admissible as Res Gestae" (1922). Faculty Scholarship Series. Paper 4015.