United States v. Davidson

said that it was perhaps in the discretion of the Court to allow it, but that the defendants could not claim it as a matter of right; and that neither can be examined as a witness *577for the other unless it should appear that there was no evidence against one; in which case the jury may acquit him, and then he may be examined for the other; but if there be any evidence against him he cannot be examined. 1 Chitty, Cr. L. 626, 627.