
    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,
   The Court

(nem. con.) granted Campbell a new trial, without disturbing the verdict as to Turner, and permitted. Turner to be examined as a witness for Campbell; who was thereupon acquitted also.  