People v. Newberry

Citations

• 20 Cal. 439
• 1862 Cal. LEXIS 62

Syllabus

<p>Where two persons are jointly indicted for the commission of a felony, and are tried separately, each of the defendants is a competent witness for his codefendant.</p> <p>People v. Labra (5 Cal. 183) affirmed.</p> <p>M. and N. were indicted jointly for murder—M. as principal and N. as accessory— the indictment showing in its statement of the commission of the offense that N. was an aider and abettor, and as such charged as accessory. The principal was first tried and convicted of manslaughter, and N. on his trial introduced the record of this conviction and moved thereon for his discharge, on the ground that there could be no accessory to manslaughter: Held, that the record had no such effect; that under our statute an accessory who is charged as an aider and abettor may be convicted, although the principal be acquitted.</p> <p>People v. Bearss (10 Cal. 68) affirmed.</p>