References: [1841] EngR 840, (1841) Car & M 212, (1841) 174 ER 476
Links: Commonlii
Where three persons were indicted jointly for cutting and wounding, and the third of them did not come up to the spot until after one of the first two had got away, and then kicked the prosecutor while he was on the ground struggling with the other, it was held, that the two, who jointly assaulted the prosecutor and wounded him at first, might be found guilty either of the felony or of an assault only, but that the third prisoner must under the circumstances be acquitted altogether.
