Torts · MBE-tested

United States v. Lewis G. Davidson and I. W. Stratton

4 D.C. 5764 Cranch 576·United States Circuit Court of the District of Columbia·1835

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Opinion

United States v. Lewis G. Davidson and I. W. Stratton. Upon a joint indictment against two, for assault and battery, it is not a matter of right that they should bo tried separately, at their request; and neither can be examined as a witness for the other unless there be no evidence against one ; in which case the jury may acquit him, and then he may be examined for the other defendant. Indictment for assault and battery on a negro, a servant at Fuller’s Hotel. Mr. Brent, for the defendants, asked that they might be tried separately, as he wished' to examine Qach as a witness for the other. [MAJORITY — The Court] The Court said that it was perhaps in the discretion of the Court to allow it, but that the defendants could not claim it as a matter of right; and that neither can be examined as a witness for the other unless it should appear that there was no evidence against one; in which case the jury may acquit him, and then he may be examined for the other; but if there be any evidence against him he cannot be examined. 1 Chitty, Cr. L. 626, 627.