Heydenfeldt, Justice, delivered the opinion of the court. Murray, Chief Justice, concurred. We have heretofore decided, that under the statute a defendant cannot be a witness for his co-defendant, when the defence is general, and would operate in discharge of both. It is now urged, that in the present case but one defendant was upon trial, the other not having been served with process in time. But this cannot alter the rule. A verdict upon the issue, which appears on the record in favor of one defendant, would be conclusive in an action against the other. Judgment affirmed.