1 Va. 187
Decided April 15, 1793
Court of Appeals of Virginia · decided 1793-04-15
This was an action of assault and battery, brought by the defendant in error in the District Court of Charlottsville. There were two pleas put in, 1st not guilty: and 2dly, a justification. The defendant, at the trial, offered the testimony of a witness, against whom a separate action was then depending at the suit of the plaintiff for an assault committed at the same time.
Decided 1793-04-15
¶1The plaintiff, by bringing separate actions, has removed all objection to the testimony of the witness, since the verdict in one suit, cannot be given in evidence in the other. The objection therefore can only go to the credibility, not to the competency of the witness.
¶2Judgment reversed' — verdict set aside, and new trial awarded, with -directions to admit the examination of the witness.