State v. Fellows.

TAYLOR, Judge.

The person who is. to be entitled to

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restitution of possession, in case of a conviction on an indictment of forcible entry, cannot be a witness on the trial; and, if the indictment has been found on. his single testimony, ought to. be quashed.

And this indictment was quashed for that cause, though ther§ tyas other testimony now ready to support it.