Marshall v. State

Information for assault and battery. Marshall offered as a witness one Cray, charged in the information for the same offense, but who was not on trial, and was willing to testify. On objection made, the Court excluded the witness, and Marshall excepted. This was erroneous. Where several persons are jointly charged but separately tried, they are competent witnesses for each other if they consent to testify. Everett v. The State, 6 Ind. R. 495.

The transcript of a justice of the peace, setting forth a conviction of Marshall for an assault and battery on the same party, was offered in evidence,…