Accommodatum.L

A loan for use without pay, the thing to be restored in specie. A species of bailment, g. v. The same as commodatum* ACCOMPIiICE.5 One who is in some way concerned in the commission of a crime, whether as principal or as an accessary.... One of many equally concerned in a felony, the term being applied to those who are admitted to give evidence against their fellow criminals for the furtherance of justice.^ 1 See 1 Pet. C. C. 443, n; 67 Ga. 49; 19 S. 0. 851. SAppleton v. Donaldson, 3 Pa. 386 (1846); Lord v. Ocean Bank, 20 id. 386 (1853), Black, C. J.; Moore v. Baird, 30 id. 139 (1858); Dunn v. Weston, 71 Me. 283 (1880), Appleton, C. J.; 109 U. S. 667; 65 Pa. 75; 3 Kent, 48, 86; Byles, Bills, 131-32, note by Sharswood. » 1 Daniel, Neg. Inst. 272; 1 Pars. N. & B. 259; 1 Bates, Partn. § 349, cases. 4 8 Kent, 573. ^F. accomplic, coiiiplice^ a confederate: L. complicem, folded with, interwoven; involved. « Cross V. People, 47 111. 158 (1868), Breese, C. J. And One who in any manner participates in the criminality of an act, either as a principal or an accessary. 1 One who knowingly, voluntarily, and with common intent with the principal offender unites in the commission of a crime. ^ ■Wliether to allow an accomplice, who has turned state's evidence, a separate trial, or to enter a nolle prosequi and admit him as a witness, is discretionary with the court. He is serviceable as a witness until sentenced. To bring the chief offender to justice justifies the practice. Accomplices never eon'oborate each other; but an informer is not subject to this rule; = and the rule is not applicable to civil issues.* The corroboration ought to be as to some fact the truth or falsehood of which goes to prove or disprove the charge.' But the testimony of a feigned accomplice does not need corroboration. Whether or not one is a feigned accomplice is for the jury.* Accomplices, not previously convicted of an infamous crime, when separately tried, are competent vritnesses for or against each other; and the imiversal usage is that such a party, if called and examined by the public prosecutor on the trial of his associates in guilt, will not be prosecuted for the same offense, provided it appears that he acted in good faith and that he testified fully and fairly. But it is equally clear that he cannot plead such fact in bar of an indictment against him, nor avail himself of it upon his trial, for it is merely an equitable title to the mercy of the executive, subject to the conditions stated, and can only come before the court by way of application to put off the trial in order to give the prisoner time to apply to the executive for that purpose. Some of the elements of the usage had their origin in the ancient practice of approvement... It is regarded as the province of the public prosecutor to determine whether or not the accomplice shall be examined for the state. In order to acquu-e the information necessary to determine the question, the prosecutor will grant the accomplice an interview, with the understanding that any communication he may make will be strictly confidential. Interviews are for mutual explanation, and so do not absolutely commit either party; but if the accomplice is subsequently called and examined, he is entitled to a recommendation for executive clemency. The accomplice may be pardoned prior to conviction, or the public prosecutor may twI. pros, the indictment, or advise the prisoner to plead guilty with the right to retract and plead to the merits if his application for pardon shall be un- 1 Polk V. State, 36 Ark. 128 (1880), Eakin, J. See too Euss. Crimes, 26; 4 Bl. Com. 34, 331. 2 People V. Bolanger, 71 Cal. 20 (1886): Whart. Cr. Ev. § 440. = 1 Greenl. Ev. § 379. *Kalckhoffl v. Zoehrlaut, 43 Wis. 379 (1877). See 71 N. T. 137. 'State V. Miller, 97 N. C. 488 (1887); Commonwealth V. Bosworth, 22 Pick. 399 (1839), cases; State v. Maney, successful. Where attempt is made to put him {o trial in spite of his equitable right to a pardon, the prisoner may move that the trial be postponed, supporting his motion by his own afiidavit, when the court may insist to be informed of all the circumstances; or the court may order that he be acquitted at the trial. ^ See Accessary; Approve, 5; Paedon; Particeps.