Mis.s.  8.S6  (1880).  4  Tliomas    v.    State,    27    Ga.    287

2  Thomas    v.    State,  27    Ga.    287     (18r)9).
(1859).      See    Hellems  v.    State,    22          ^  Commonwealth     v.     Hersey,    84

Ark.  207  (1860).  Mass.  (2  Allen)  173  (1861).
27


418  HOMICIDE.  [chap.  XXI.
wounds  upon  it.  It  was  held  on  appeal  that  the  trial  court
did  not  err  in  thus  permitting-  four  witnesses  to  prove  the
same  harrowing  state  of  facts.^

Sec.  387.  Same  —  Competency  of  witnesses.  —  Any  per-
son whose  disqualification  is  not  shown  is  a  competent  witness
either  for  or  against  the  person  charged  with  the  homicide.
Persons  who  are  jointly  indicted  with  the  defendant  are  not
generally  competent  to  testify  in  his  favor,  even  when  a  sepa-
rate trial  is  had,  because  the  mere  severance  for  the  purpose
of  a  trial  does  not  make  such  joint  defendant  a  competent
witness  for  the  state ;  ^  and  where  the  indictment  is  nollied,
that  he  may  testify  for  the  state,  the  verdict  of  conviction
will  be  set  aside .^  But  it  is  said  in  the  recent  case  of  State
V.  Walker,*  that  j>ersons  who  are  jointly  indicted  witli  the  de-
fendant, one  of  whom  has  been  acquitted,  and  a  nolle  prosequi
entered  as  to  the  others,  are  competent,  though  another  joint
indictment  is  pending  against  them  and  the  defendant  for
the  murder  of  another  man,  at  the  same  time,  and  in  the
same  transaction,  as  that  for  which  the  defendant  is  on  trial.
