¶1dissenting.
¶2The majority reverses the conviction for the misdemeanor offense of driving while intoxicated because the trial court admitted into evidence certain statements he made following his arrest. The trial court admitted the statements as res gestae of the arrest.
¶3*463In determining whether statements are admissible as res gestae, each case must be considered on its own merits. Harryman v. State, 522 S.W.2d 512 (Tex.Cr.App.1975); Patterson v. State, 458 S.W.2d 658 (Tex.Cr.App.1970).
¶4In Jones v. State, 458 S.W.2d 654 (Tex.Cr.App.1970), this Court, in part, held:
“If a statement is admissible as res gestae the fact that it is made in response to an inquiry, or while under arrest does not render the testimony inadmissible. Spann, supra [Spann v. State, Tex.Cr.App., 448 S.W.2d 128]; Fowler v. State, 162 Tex.Cr.R. 513, 287 S.W.2d 665; Heath v. State, Tex.Cr.App., 375 S.W.2d 909.”
¶5This Court has held innumerable times that statements which are part of the res gestae are admissible notwithstanding the fact that they may not be admissible as confessions or admissions, for the rule of res gestae is independent of, superior to, and cannot be limited by the rules relating to confessions or admissions. Miles v. State, 488 S.W.2d 790 (Tex.Cr.App.1973); Jones v. State, supra.
¶6The evidence before us shows that shortly after midnight on February 19, 1974, Sergeant Doyle Bice of the Dallas Police Department observed appellant driving his automobile southbound on Lemmon Avenue in Dallas without lights. He saw appellant make an illegal right-hand turn to the west off of Lemmon Avenue onto Douglas Street, a one-way street for eastbound traffic. Bice stopped him only a couple of car lengths short of the next intersection. Bice got out of his patrol car and approached appellant who rolled down his window. Bice asked him for his driver’s license. He seemed to have trouble finding his license so Bice asked him to step outside the car. When he seemed to have difficulty getting out, Bice held the door open for him. Once out of the vehicle Newberry was leaning against the car; he found his driver’s license in his billfold. Bice assisted him by shining a flashlight on the billfold so he could see. Bice stated that he smelled a strong smell of alcoholic beverages both when Newberry was in the car and after he was standing outside. When Bice told him he had stopped him because he had been driving without lights and had turned the wrong way on a one-way street, Newberry responded: “I didn’t know,” or “I don’t know,” or something to that effect. His speech was slurred and he appeared to be confused. Over objection, Bice was permitted to testify that in response to his inquiry of Newberry if he had been drinking, he replied: “He had a couple of drinks . Scotch”, and he insisted that he had had only two drinks. Also over objection, Bice stated that appellant told him that prior to the time he was stopped he had been “honky-tonking” at the Lemon Twist Club. The statements were made within seconds after he stopped appellant. During the entire conversation, appellant’s speech was slurred, he seemed confused and unable to understand Bice’s questions. Bice arrested him for driving while intoxicated and the two traffic offenses.
¶7Officer George who came on the scene while Bice was talking to Newberry also related that appellant’s speech was slurred and he appeared to be confused. He testified that he and Bice assisted appellant to his patrol car and that appellant swayed when he walked. Once in the patrol car and while waiting the arrival of another officer to drive appellant’s car, George detected a moderate smell of alcoholic beverage about Newberry. He further stated that Newberry told him he was having marital problems and had decided to “tie one on,” so he had “been out honky-tonking at the Lemon Twist Club.”
¶8The court ruled correctly. The statements made by appellant were res gestae of both the offense and of the arrest, hence a warning in accordance with Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and Article 38.22, V.A.C.C.P., was not required. Goodney v. State, 501 S.W.2d 311 (Tex.Cr.App.1973). See also Parsley v. State, 453 S.W.2d 475 (Tex.Cr.App.1970).
¶9Even if the testimony could not be considered res gestae, it has long been the rule that if the same evidence is admitted else*464where in the trial without objection, then any error in its admission is waived. Watson v. State, 532 S.W.2d 619 (Tex.Cr.App.1976); Davis v. State, 516 S.W.2d 157 (Tex.Cr.App.1974).
¶10The evidence presented by the appellant was his own testimony. He admitted that on the evening in question he was involved in marital problems and that he had in fact been to the Lemon Twist Club where he had two drinks. He stated that before going to the Lemon Twist Club he had dinner at the Sailmaker Restaurant having only a glass of wine with his meal. Before leaving the Sailmaker he stopped in the bar to visit friends but did not have a drink with them.
¶11He further stated that shortly after he turned onto Douglas he saw that he was going the wrong way and was pulling over to turn around when Bice came up behind him. Newberry then said that he got out of his car and walked to the rear where he met Bice and asked him to shine his flashlight on his billfold so he could see to find his driver’s license in reply to Bice’s request. He testified that “Officer George walked up and said, ‘Book him. He’s a DWI.’ ” Newberry denied having any further conversation with Bice after George walked up. He related that he then got into George’s patrol car without assistance. Once in the patrol car he said that he struck up a general conversation with George and asked him “. . . how he liked being on the police force and how long he had been there, if he was married. And he asked me if I was married.” Newberry said that he replied, “Yes, I’m married. But I’m in the process of a divorce.” He specifically denied telling George that he was “. despondent over marital problems and were going to tie one on.” Although Bice had testified that he had gone down to the station to book appellant, Newberry testified that he never saw Bice again after they left the scene of his arrest and that he was able to walk the entire time without assistance or swaying.
¶12Appellant testified to basically the same statements as the officers were allowed to testify that he had made. The error, if any, in admitting the statements was rendered harmless. Davis v. State, 516 S.W.2d 157 (Tex.Cr.App.1974); see also Parsley v. State, supra, (concurring opinion by Presiding Judge Onion).
¶13No reversible error having been shown, the judgment should be affirmed.