Wixson v. People
New York Supreme Court
Error to the Court of Sessions of Steuben county. An indictment had been found against James W. Wixson, Henry Lee and Lester Lockwood, containing three counts. The first was for burglary, the second for larceny, and the third for receiving stolen goods, knowing them to be stolen. Wixson and Lee demanded to be tried separately from Lockwood, but consented to be tried together. The trial accordingly proceeded against Wixson and Lee.
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Error to the Court of Sessions of Steuben county. An indictment had been found against James W. Wixson, Henry Lee and Lester Lockwood, containing three counts. The first was for burglary, the second for larceny, and the third for receiving stolen goods, knowing them to be stolen. Wixson and Lee demanded to be tried separately from Lockwood, but consented to be tried together. The trial accordingly proceeded against Wixson and Lee. After several witnesses had been examined on the part of the People, the district attorney called as a witness, Lester Lockwood, one of the prisoners indicted. The…
1Opinion of the Court
By the Court, Knox, J.
Although the three defendants, Wixson, Lee and Lockwood, were jointly indicted, the first two were tried separately from Lockwood.
On their trial Lockwood was admitted, under objection, as a witness for the People. This is alleged as error.
In the case of The People v. Michael Donnelly, impl. with Beals and others (2 Park. Cr. R., 182), Clerks, J., says: “ It is well settled, and I believe never questioned in this State or England, that when several persons are jointly indicted, one is *126not a competent witness either for or against the others, without first being acquitted…
2Cited by4 opinions
- People v. McCulloughMichigan Supreme Court · 1890
- People v. . Van WormerNew York Court of Appeals · 1903
- People v. WrightMichigan Supreme Court · 1878
- Royal Insurance v. NobleNew York Court of Common Pleas · 1868