United States v. Campbell 4 Cranch 658, 4 D.C. 658

United States v. John Campbell and Thomas Turner.

If two be jointly indicted for robbery, and if one be acquitted and tlie other convicted, the latter may have a new trial without the other; who may be examined as a witness upon the new trial.

John Campbell and Thomas Turner were jointly indicted for the robbery of Mrs. Queen. Turner was acquitted, but Campbell was convicted, and moved for a new trial on the ground that Turner was now a good witness for Campbell; and that other evidence also had been discovered.

A doubt was suggested whether a new trial could be granted to one without setting aside the verdict as to the other also.

But upon the authority of Mowbreijs case, 6 T. R. 619 to 640; and 1 Chitty, Cr. Law, 659, 660,