The self-serving declaration rule is based upon the hearsay rule, and this was not hearsay. Cf. Atlanta Life Ins. Co. v. Thompson, 43 Ga. App. 331 ( 158 S.E. 775). In Miller v. United States (S. D. Ga.), 144 F. Supp. 734, plaintiff had been injured by a government vehicle operated by one of its military personnel and sued the United States under the Federal Tort Claims Act. The government moved for summary judgment, attaching a certified copy of the operator's court-martial trial at which he had entered a plea of guilty to the charge of having wrongfully appropriated the vehicle to his own use. Plaintiff contended that the plea of guilty by the operator was a self-serving declaration and that a summary judgment should not be entered in favor of his employer, the United States, based thereon.