Is a person who wittnesd the defendant in a criminal prosecution in possession of items from the crime considerd a res gestae

I assume this question is related to one I answered earlier. Whether someone is considered res gestae is really irrelevant. Talk to your attorney about the jury instructions.

Yes because a res gestae witness is someone who witnessed something first-hand and can testify about what they saw and observed. What is your question about it?

(rayz-jest-eye) A witness who has experienced an event firsthand and can therefore testify about what happened.

I had this issue at trial recently. My client was charged with a single event, single day. The investigation of the 1-day misdemeanor crossed paths with my client's felony case, where 3 search warrants were executed, revealing information with bearing on the misdemeanor case. Rather than focus on information, as received pursuant to the misdemeanor OIC's investigation, the prosecution sought introduction, as res gestae evidence, and the trial court agreed, of the executed search warrant 2 months after the conduct on the unrelated misdemeanor as res gestae. In other words, not only was the evidence relevant to the prosecution introduced, but the irrelevant information, such as the search warrants and executions, surveillance of me client, his arrest, etc. was determined to be res gestae evidence by the Hazel Park District Court. I disagree with this ruling. I share this anecdote only to tell you that the trial court's definition of res gestae can benefit or turn on you. If you're wondering whether the prosecution has the obligation to bring forth this witness, as res gestae, I'd hazard a guess at, no. If there was other evidence supporting the fact that the defendant possessed the named stolen property during the trial, piling on witnesses can be viewed as cumulative. I hate to say it but, this happens too often, where the defendant or his testifying mother are wearing said stolen goods during the trial. Usually, the ID is made by the complainant. Then, the prosecution usually asks for a bench conference and, usually, the case resolves before returning to the jury.