concurs in part and dissents in part. I consider that both statements are admissible as part of the res gestae. La. R.S. 15:447; State v. Drew, 360 So.2d 500 (La. 1978).

In re John Wayne Tonnubbee, applying for supervisory writ of review, and stay order. Parish of St. Charles. Nos. 80-143, 80-151.

Granted in part and denied in part. The ruling of the trial judge on the admissibility of the “Big Chief” statement is reversed; on the record before us the statement is inadmissible. The ruling of the trial judge as to the conversation between Defendant and Odon is affirmed.