Baldwin, J. concurring.

The judgment in this case must be reversed. There was some evidence tending to show that the defendant was assaulted by the party injured and several other persons, and what was said by these persons at the time of the assault, illustrative of its object, and the motive which prompted it, was a part of the res gestee, and should have been admitted in evidence.

Judgment reversed and cause remanded for a new trial.