Everett v. State

The appellant was indicted jointly with James Broughajrd, and William, Hinesley, for burglary. He was separately tried and convicted at the December term, 1854, of the Marion Circuit Court.

On the trial he offered as a witness in his behalf Hinesley, who was indicted with him, who had not been convicted, and who consented to testify on behalf of Everett. He was objected to by the state as incompetent, and his testimony was excluded, for the reason assigned.

The statute regulating practice in civil suits has this provision: “ No person offered as a witness shall be excluded from giving evidence…