26 Mo. 307 | Mo. | 1858
delivered the opinion of the court.
Thomas Stotts was jointly indicted with the defendant, and on a separate trial was found guilty and his punishment assessed by the jury to the payment of a fine of five hundred dollars. Afterwards on the trial of the defendant he offered to introduce Thomas Stotts as a witness, but the court rejected him.
It may be stated generally that when two persons are jointly indicted, neither is admissible as a witness for the other, whether they are tried jointly or separately; (State v. Ward, 15 Mo. 28;) but an accomplice separately indicted may be examined as a witness for the defendant. (United States v. Henry, 4 Wash. C. C. 428.) And so, also, though two are jointly indicted, if one in a separate trial is acquitted