People v. Duffy — 1 Wheel. Cr. Cas. 123

Majority

p. 123

The People vs. James Duffy.

Headnote

The Court at the request of the prosecutororthe de fendant, will direct the witnesses not under examination, to be sep arated from those that are, in a case of misdemeanor.

Assault and Battery.

The defendant was charged with an assault and hat-very.

Maxwell, District Attorney,

called up the case for trial.

Price, counsel for the prisoner,

moved the court to direct that the witnesses withdraw while the examination was progressing.

Maxwell opposed the motion, and contended that it

p. 124

was only done in cases of felony. And then it was considered a matter of discretion in the court to arant it. or O / not.

“The rule we believe has been, in all '1,1 cases, to separate the witnesses, upon an examination r “ from those that are not, where it has been requested £‘ e^ler ^7 ^le prosecutor, or the defendant. Let the wit-V nesses go out of the court-room, except the one now to “ be sworn, and come in as they are called.”