
    THE STATE v. CARR AND OTHERS.
    One of several indicted, not admitted a witness, though no evidence adduced to criminate him.
    This was an indictment for larceny, and on the trial, no evidence appearing against one of the prisoners, the counsel for the others moved that he might be sworn as a witness in their behalf.
    
      Attorney- General, contra.
    
   The court overruled the motion and rejected the witness.

Note. — In an information for a misdemeanor, the Attorney-General offered to examine one of the defendants as a witness for the king, which the court would not permit until a nolle prosequi was entered. Bull. N. P. 285. And where one was through mistake made a party, the court gave permission, after issue joined, to strike his name from the record, and admitted him as a witness. Siderjin 441. So where one was made a defendant for the express purpose of excluding his testimony, if nothing he proved against him, he may be admitted as a witness. Bull. N. P. 285. But the fact must clearly appear that there is no evidence to inculpate him. Addison 352, Pennsylvania v. Leach. And where a verdict has passed against a defendant, or for him, or he has suffered judgment to go by d e-fault, (Bull. 285,) or on submission has been fined, (Rex v. Fletcher, 1 Str. 633,) he is a competent witness. In such case the confessions of the party who makes default, may be given in evidence to show the amount of damages. Bostwick v. Lewis, 1 Day’s Cases 33. See Peake's Evid. 160; Gilb. Evid. 134; Stockham, v. Jones et al., 10 Johns. 21; The People v. Rill, 10 Johns. 95 ; 2 Caines 79, nota; 2 Campbell N. P. 333, nota.  