United States v. Marchant

THE opinión of the Court in this case was delivered by

Mr. Justice Story.

The question, which comes before us upon a certificate of a division of opinion of the judges of the Circuit Court of Massachusetts, is. this, whether two or more persons, jointly charged in the same indictment with a capital offence, have a right, by the laws of the country, to be tried severally, separately, and apart, the . counsel for the United States objecting thereto, or whether it is a matter to beratlowed in the. dis.cretion of ,the Court.

We have considered the question, and aré of opinion, that it is a matter of…