Evans v. State
Mississippi Supreme Court
Evans v. State, 61 Miss. 157 (Miss. 1883)
Campbell
Evans v. State
Opinion of the Court
delivered the opinion of the court.
Wesley 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.
Affirmed.
Reference
- Full Case Name
- Mitchell Evans v. State
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Criminal Procedure. Witness. Co-defendant. Severance. Where parties jointly indicted are tried separately, the one not on trial is a competent witness against the other at common law, and in his favor by Code 1880, ¿ 3071.