Accessary
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
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.