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10 Ind. 69

Hunt v. State

Indiana Supreme Court

Decided January 15, 1858

Indiana Supreme Court · decided 1858-01-15

<p>APPEAL from the Johnson Court of Common Pleas.</p>

Cited by 1 later decisions — most recently December 1860

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-01-15

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Hanna, J.

¶1Five persons were prosecuted for a riot. One of them, the appellant herein, demanded to be tried separately. On his separate trial he offered one of his co-defendants, who was willing to testify, as a witness. He was sworn, but objection being made by the prosecutor, his testimony was excluded by the Court. This ruling was erroneous. The third specification of § 90, 2 it. S. p. 372, makes accomplices competent witnesses when they consent to testify. This statute certainly gives a defendant upon trial separately, as in this case, the right to the testimony of his co-defendant who is not yet upon trial. *70What weight is to be given to the evidence, is a question for the jury. Marshall v. The State, 8 Ind. R. 498.—Everett v. The State, 6 id. 495.

F. M. Finch, for the appellant.

¶2Per Curiam. — The judgment is reversed with costs. Cause remanded, &c.

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