State v. . Cotton

Stacy, O. J.

The principal question for decision is whether separate indictments against husband and wife for the same homicide may be consolidated and tried together, over objection of defendants, when the wife’s testimony, though admitted only as to her, is inculpatory of the husband. A careful perusal of the present record engenders the conclusion that the testimony of the feme defendant was necessarily hurtful to her husband.

It should be remembered that neither defendant was here competent or compellable to testify against the other. S. v. Harbison, 94 N. C., 885. Either might have…