61 Miss. 157
Decided October 15, 1883
Mississippi Supreme Court · decided 1883-10-15
Hon. J. W. Buchanan, Judge. The appellant was indicted jointly with Wesley Hill for grand larceny, and convicted on the testimony of the latter, who, after severance, was, under the appellant’s objection, introduced as a witness for the prosecution. Undoubtedly Hill was an incompetent witness. The indictment was pending against him when he testified.
Cited by 1 later decisions — most recently January 1900
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1883-10-15
View the full empirical analysis of this case →
¶1delivered the opinion of the court.
¶2Wesley Hill ivas a competent witness at common law, and was not made less so by § 3071 of the Code, which declares, “where parties jointly indicted are tried separately, the party not on trial shall, in all cases, be a competent witness for the party being tried.” The object of this provision was to make co-defendants, when tried separately, competent for each other. They were competent as witnesses against each other before and continued so.
¶3Affirmed.