U.S. Circuit Court for the Dis...1835Check Treatment
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 *577for 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.
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