Accessary

In criminal law. He who is not the chief actor in the perpetration of the offense, nor present at its performance, but is some way concerned therein, either before or after the fact committed. Before the Fact. One who, being absent at the time of the crime committed, yet procures, counsels, or commands another to commit it. 1 Hale, P. C. 615. The essentials are: (1) Absence from the scene of the crime. 9 Pick. (Mass.) 496. (2) Actual procurement, counsel, or command; bare permission (1 Hale, P. C. 616) or failure to disclose a known intent to commit crime (7 Tex. App. 549) not being enough. (3) A criminal intent. 157 Pa. St. 13. After the Fact. One who, knowing a felony to have been committed, receives, re- (1) The commission of a crime by the principal. 39 Miss. 702. (2) Knowledge thereof by the alleged ' accessary. 42 Ga. 22. (3) Assistance rendered to the principal personally. 26 Grat. (Va.) 952.

In criminal law. Contributing to or aiding in the commission of a crime. One who, without being present at the commission of a felonious offense, becomes guilty of such offense, not as a chief actor, but as a participator, as by command, advice, instigation or concealment; either before or after the fact or commission; a particeps criminis. 4 Bl. Comm. 35; Cowell. An accessary is one who is not the chief actor in the offense, nor present at its performance, bnt in some way concerned therein, either before or after the act committed. Code Ga. 1882, § 4306. People v. Schwartz, 32 Cal. 100; Fixmer v. People. 153 111 123, 38 N E G67 ; State v. Berger. 121 Iowa, 581, 96 N W. 1094; People v. Ah Ping, 27 Cal. 489; United States v. Hartwell, 26 Fed. Cas. 198. Accessary after the fact. An accessary after the fact is a person who, having full knowledge that a crime has been committed, conceals it from the magistrate, and harbors, assists or protects the person charged with or convicted of, the crime. Code Ga. 1882, § 4308; Pen. Co.de Cal § 32. All persons who, after the commission of any felony, conceal or aid the offender, with knowledge that he has committed a felony, and with intent that he may avoid or escape from arrest, trlal, conviction or punishment, are accessaries. Pen. Code Dak. § 28. An acoessary after the fact ls a person who, knowing a felony to have been committed by another, receives, relieves, comforts or assists the felon, in order to enable him to escape from punishment or the like. 1 Russ. Crimes, 171; Steph. 27; United States v. Hartwell, 26 Fed. Cas. 196; Albritton v. Sinte, 32 Fla. 358, 13 South. 955; State v. Davis, 14 R. I. 281; People v. Sanborn, 14 N. Y. St. Rep. 123; Loyd v. State, 42 Ga. 221; Carroll v. State, 45 Ark. 545; Blakely v. State, 24 Tex. App. 616, 7 S. W. 233, 5 Am. St Bep. 912. Accessary before the fact.

In criminal law. One who, being absent at the time a crime is committed, yet procures, counsels or commands another to commit it-; and, in this case, absence is necessary to constitute him an accessary, for, if he be present at any time during the transaction, he is guilty of the crime as principal. Plow. 97. 1 Hale, P. C. 615, 616; 4 Steph. Comm. 90, note n. An. accessary before the fact is one who, being absent at the time of the crime committed, doth yet procure, counsel or command another to commit a crime. Code Ga. 1882, § 4307; United States v. Hartwell, 26 Fed. Cas. 196; Griffith v. State, 90 Ala. 583, 8 South. 812; Spcar v. Hiles, 67 Wis. 361, 30 N. W. 511; Com. v. Hollister, 157 Pa. 13, 27 Atl. 386, 25 L. R. A. 349; People v. Sanborn, 14 N. Y. St Rep. 123. Accessary during the fact. One who stands by without interfering or giving such help as may be in his power to prevent the commission of a criminal offense. Farrell v. People, 8 Co.Io. App. 524, 46 Pac. 841.

One who, not present at its commission, becomes guilty of a felony, as a participator, — before the fact, by procuring its commission; after the fact, by aiding the felon knowing of the offense. Accessement,-^ fr. Addition.

In criminal law. Contributing to or aiding in the comission of a crime, One who, without being present at the commission of a felonious offense, becomes guilty of such offense, not as a chief actor, but as a participator, as by command, advice, insligation, or concealment; either before or after the fact or commission; a particeps eriminis. 4 Bl. Comm. 35: Cowell. An aceessary is one who is not the chief actor in the offense, nor present at its performance, but in some way concerned therein, either before or after the act committed. Code Ga. 1882, § 4306.

[L. Lat. accessarius.] In criminal law. One who, without being present at the commission of a felonious offence, becomes guilty of such offence, not as a chief actor, but as a participator, as by command, advice, instigation or concealment, either before or after the fact or commission: a particeps criminis, 4 Bl, Com. 35. Cotoell. See infra. Accessary before the fact.

In criminal law. One who, being absent at the time a crime is committed, yet procures, counsels, or commands another to commit it; and, in this casic, absence is necessary to constitute him an accessary, for if he be present at any time during the transaction, he is guilty of the crime as principal. Plowd. 97. 1 Hale's P, C. 615, 616. 4 Steph. Com. 90, note (w.) Thus, if A. advises B. to kill another, and B. does it in the absence of A., in this case B. is principal, and A. is accessary in the murder. 4 Bl. Cojn, 37.

criminal law. He who is not the chief actor in the perpetration of the offence, nor present at its performance, but is some way concerned therein, either before or after the fact committed. An accessary before the fact, is one who being absent at the time of the crime committed, yet procures, coungels, or commands another to commit it. 1 Hale, P. C. 615. An acceasary after the fact, is one who knowing a felony to have been committed, receives, relieves, comforts, or assists the felon. 4 BI. Com. 37. No one who is a principal (q. " V.) can be an accessary. In certain crimes, there can be nbd accessaries, all who are concerned are principal These are treason, and all offences below the degree of felony. 1 Russ. 21, et seq.; 4 Bl. Com. 35to 40; 1 Hale, P. C. 615; 1 Vin. Abr. 113; Hawk. P.C. b. 2, c. 29, s. 16; such ‘is the English Law. But whether it is law in the United States appears not to be determined as regards the cases of persons assisting traitors. Serg. Const. Law, 382; 4 Cranch, R. 472,501; United States v. Fries, Pamphl. 199.