Legal Opinion

State v. Stotts

Supreme Court of Missouri

Decided January 15, 1858PublishedCited by 3 opinions

Appeal from Lawrence Circuit Cowrt. This was an indictment against John Stotts and Thomas Stotts for a felonious assault upon one Alexander Smith— John Stotts being indicted as principal in the first degree, Thomas as being present aiding and abetting. I. Thomas Stotts ought to have been admitted as a witness. (1 Arch. C. P. 152-8 ; 2 Ya. Cas. 317.) I. Thomas Stotts was not a competent witness. (State v. Ward, 15 Mo. 128.)

1Opinion of the CourtRichardson, Judge

Thomas Stotts was jointly indicted with the defendant, and on a separate trial was found guilty and his punishment assessed by the jury to the payment of a fine of five hundred dollars. Afterwards on the trial of the defendant he offered to introduce Thomas Stotts as a witness, but the court rejected him.

It may be stated generally that when two persons are jointly indicted, neither is admissible as a witness for the other, whether they are tried jointly or separately; (State v. Ward, 15 Mo. 28;) but an accomplice separately indicted may be examined as a witness for the defendant. (United…

2Cases cited2 opinions

  1. State v. RobertsSupreme Court of Missouri · 1851
  2. United States v. HenryU.S. Circuit Court for the District of Pennsylvania · 1824

3Cited by3 opinions

  1. Strawhern v. StateMississippi Supreme Court · 1872
  2. State v. LoneySupreme Court of Missouri · 1884
  3. State v. HuntSupreme Court of Missouri · 1886

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