Whitlow v. State

Jackson, Chief Justice.

■ [Defendant and Henry Bailey were indicted for burglary.

Defendant was tried separately^ and was convicted. He moved for a new trial, on the following among other grounds:

(1.) Because the verdict was contrary to law 'and evidence. ■ “ “■ ’ •

(2.) Because the, court permitted the wife of Henry Bailey to testify as a witness for the state, Bailey and defendant béing- jointly-indicted, but defendant being tried separately.

(3.) Because the court charged as follow's : “ In the next place, inquire whether the defendant is the guilty párty or not. Did he break and enter the…