74 Mo. 547 | Mo. | 1881
The defendant was jointly indicted with Sarah I. Martin, for the murder of George Mizer, at the August term, 1879, of the Laclede county circuit court.
This, we think, was a clear misapprehension of the-law. In the ease of the State v. Roberts, 15 Mo. 29, it was-held that when two persons are jointly indicted, neither is-admissible as a witness for his co-defendant, and this rule equally applies whether they are tried separately or jointly. The witness is incompetent, not on the ground of interest but of public policy. "Where there is no evidence to criminate, or where he is by mistake made such, or where he is made a defendant for the purpose of excluding his testimony, the practice is for the court to direct his acquittal,