People v. Bill
New York Supreme Court
THIS was an indictment for an assault and battery, tried at the Delaware sessions, in January, 1812, on which the defendant was found guilty.
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THIS was an indictment for an assault and battery, tried at the Delaware sessions, in January, 1812, on which the defendant was found guilty. By consent, the judgment of the court of sessions was suspended, in order to take the opinion of this court, on a question of law, arising upon the trial; and the following case was submitted to the court: The defendant was indicted jointly with another person, for an assault and battery upon J. P. The defendants each pleaded not guilty. This defendant elected to be tried separately, and his trial came on first. The prosecutor, and the two defendants,…
1Per curiam
It appears to be a technical rule of evidence, and one well settled, that a party in the same suit or indictment, cannot be a witness for his co-defendant, until he has been first acquitted, or, at least, convicted. Whether the defendants be tried jointly, or separately, does not vary the rule. It is his being a party to the record that renders him incompetent, and the practice is, when nothing appears against one of the defendants, for the court to direct his immediate acquittal, so that the other defendant may use him as a witness. (1 Hale’s P. C. 306. Peake’s Ev. 100. note. 6 Term Rep.…
2Cited by16 opinions
- State v. NashSupreme Court of Iowa · 1858
- Henderson v. StateSupreme Court of Alabama · 1881
- State v. BurnsideSupreme Court of Missouri · 1866
- Latshaw v. Territory of OregonOregon Supreme Court · 1854
- Bohun v. CollinsNew York Supreme Court · 1826
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