§ 16-89-113 — Evidence - Acquittal upon certain insufficient evidence

(a) In all cases where, by law, two (2) witnesses, or one (1) witness with corroborating circumstances are requisite to warrant a conviction, the court shall instruct the jury to render a verdict of acquittal if the requisition is not fulfilled, by which instruction they are bound. (b) (1) Where two (2) or more persons are included in the same indictment, and the court is of the opinion that the evidence in regard to a particular individual is not sufficient to put him or her on his or her defense, it must, on motion of either party desiring to use the defendant as a witness, order him or her to be discharged from the indictment and permit him or her to be examined by the party so moving. (2) The order is an acquittal of the defendant and a bar to another prosecution for the same offense. Crim. Code, §§ 233, 241; C. & M. Dig., §§ 3062, 3180; Pope's Dig., §§ 3888, 4016; A.S.A. 1947, §§ 43-2117, 43-2118.