¶1Information charging the defendant with, having lost, upon a game at cards, the sum of 25 cents to one John Bigler.
¶2On the trial Jackson offered to prove, by one of the state’s witnesses, that the betting was a joint one by him*561self and one Brown, and that whatever was lost was lost by them jointly. The Coart excluded the evidence.
¶3This was erroneous. A charge that Jackson alone lost, &c., was not supported by proof that Jackson, with another, jointly lost, &c. A judgment would be no bar to another prosecution against them jointly for the same act.
¶4The judgment is reversed. Cause remanded, &c.