Labra

Murray, C. J., concurred.

The record in this cause, as sent to us, although somewhat imperfect, discloses that the defendants were indicted for grand larceny, being charged with stealing two horses of the value of one hundred and fifty dollars, the property of one Guadalupe Soberanes. Upon the trial one Salgado, a party jointly indicted with the defendants, was offered as a witness for his co-defendants, having first elected to be tried separately— the defendants’ counsel expecting to show by him that the defendants were not present at the taking of the horses, and that they were not connected with the driving away of the same. The Court below refused to allow Salgado to testify, to which refusal an exception was taken at the trial.

Upon page 469 Compiled Laws of California, section 361, it is provided, “ Where two or more defendants are jointly indicted for a felony, any defendant requiring it shall be tried separately.” And in the following section—“ Where two or more persons are indicted in the same indictment the Court riiay at any time before the defendant has gone into the defense, on the application of the District Attorney, direct any defendant to be discharged from the…