State v. Spencer
| Decision Date | 08 December 1860 |
| Citation | 15 Ind. 249 |
| Parties | The State v. Spencer |
| Court | Indiana Supreme Court |
APPEAL from the Harrison Common Pleas.
The appeal is dismissed.
J. E. McDonald, Attorney General, and A. L. Roache, for the State.
Information against Spencer and two others, for a riot. Spencer was tried separately, and acquitted. On the trial, he introduced, as witnesses on his behalf, his codefendants, who were permitted to testify over the objection of the State, who took exceptions, and appeals.
The question involved has already been determined against the State, in several cases. Everett v. The State, 6 Ind. 495; Marshall v. The State, 8 Ind. 498; Sloan v. The State, 9 Ind. 565; Hunt v. The State, 10 Ind. 69. The cases in 9 Ind. and 10 Ind., were cases of riot. In such cases, unless it appear that three or more persons were engaged in the offense, there can be no conviction of any. But the question does not arise, and is not made, whether the record of an acquittal of one, brought about by the testimony of the others, could be given in evidence on the trial of the latter; hence we need express no opinion upon it. See, however, on this point, 1 Greenlf. Ev. § 524.
The appeal is dismissed.
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