Accessory

Any thing which is J to another thing as an ornament, or to render it more perfect. For example, the halter of a horse, the frame of a picture, the keys of a house, and the lik. belong to the principal thing. The sale of the materials of a newspaper establishment will carry with it, as an accessory, the subscription 1 land v. Stewart. 2 Watts (Fa.) Ill, 2G Am. D. i but a bequest of a house would not carry the furniture In It, as accessory to 1L Domat, Lois Civ. Part. 2, llv.

4, tit. 2, 8. 4. n.

1.;i non duett sed scquit;.: Litt.. a. See Accession; Adjunction; Appubtechief 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 accessory before the fact is one who, being absent at the time of the crime committed, yet procures, counsels, or commands another to commit it.

1 Hale, PL Cr. 615.

Any one wbo incites persons or commands another to commit a felony is an accessory before fact and punishable as the principal felon. An accessory is never present at the commitment of the crime; Odger, C. L. 132. In some states an accessory before the fact is treated as a principal, as also in England by statute; 2 C. & K. 8S7; L. R. 1 C. C. R. 77. With regard to those cases where the principal goes beyond the terms of the solicitation, the approved test is, "Was the event alleged to he the crime to which the accused is charged to be accessory, a probable effect of the act which he counselled?" 1 F. & F. Cr. Cas. 242; Rose. Cr. Ev. 181. When the act is committed through the agency of a person who has no legal discretion or will, as in the case of a child or an insane person, the incitor. though absent when the crime was committed, will be considered, not an accessory, for none can be accessory to the acts of a madman, but a principal in the first degree; 1 Hale, PL Cr. 514; U. S. v. Gooding, 12 Wheat. (U. S.) 469, 6 L. Ed. 693. But if the instrument is aware of the consequences of his act, he is a principal in the first degree, and the employer, if he is absent when the act is committed, is an accessory before the fact; 1 R. & R. Cr. Cas. 363; 1 Den. Cr. Cas. 37; 1 C. & K. 589; or if he is present, as a principal in the second degree; 1 Fost. Cr. Cas. 349; unless the instrument concur in the act merely for the purpose of detecting and punishing the employer, in which case he is considered as an innocent agent. An accessory after the fact Is one who, knowing a felony to have been committed, receives, relieves, comforts, or assists the felon; 4 Bla. Com. 37. In England one who harbors a felon, knowing him to be a felon (unless it is a wife harboring her husband). This does not apply to a misdemeanant. In treason such person is deemed a principal traitor; Odger, C. L. 132. No one who is a principal can be an accessory; but if acquitted as principal he may be indicted as an accessory after the fact; State v. Davis, 14 R. I. 2S3. In certain crimes, there can be no accessories; all who are concerned are principals, whether they were present or absent at the time of their commission. These are treason, and all offences below the degree of felony; 4 Bla. Com. 35; 2 Den. Cr. Cas. 453; Com. v. Mc Atee, 8 Dana (Ky.) 28; Williams v. 14 Mo. 137; Sanders v. State, 18 Ark. 198; Com. v. Burns, 4 J. J. Marsh. (Ky. ) 1S2; Stevens v. People, 67 111.

587; Griffith v. State, 90 Ala. 583, 8 South. 812; U. S. v. Boyd, 45 Fed. 851.

Such is the English rule; but in the United States it appears not to be determined as regards the cases of persons assisting traitors; Sergeant, Const Law 382; In re Burr, 4 Cr. 472, 501; U. S. v. Fries, 3 Dall. 515, 1 L. Ed. 701.

See Charge to Grand Jury, 2 Wall. Jr. 134, Fed. Cas. No. 18,276; U.. S. v. Hanway, 2 Wall. Jr. 139, Fed. Cas. No. 15,299; Carlisle v. U. S., 16 Wall. (U. S.) 147, 21 L. Ed. 426; Hanauer v. Doane, 12 Wall. (U. S.) 347, 20 L. Ed. 439.

That there cannot be an accessory in cases of treason, see Davis, Cr. L. 38.

Contra, 1 Whart. Cr. L. § 224.

There can be no accessory when there is no principal; if a principal in a transaction be not liable under our laws, no one can be charged as a mere accessory to him; U. S. v. Libby, 1 Woodb. & M. 221, Fed. Cas. No. 15,597; Armstrong v. State, 28 Tex. App. 526, 13 S. W. 864.

But see Searles v. State, 6 Ohio Cir. Ct. R. 331.

This rule was changed by the Stat. 1 Anne, 2, c. 9, so that if the principal felon was delivered in any way after conviction and before attainder, as by pardon or being admitted to benefit of clergy, the accessory might be tried; and that rule is substantially enacted by the Ga. Penal Code § 49, but the common law is otherwise unchanged in this country; Smith v. State, 46 Ga. 298. Where two persons are indicted, one as principal and the other as aider or abettor, the latter may be convicted as principal, where the evidence shows -he was the perpetrator of the deed; Benge v. Com., 92 Ky. 1, 17 S. W. 146. At common law, an accessory cannot be tried, without his consent, before the conviction of the principal; (unless they are tried together; Fost. Cr. Cas. 360; Com. v. Woodward, Thatch. Cr. Cas. (Mass.) 63; Baron v. People, 1 Park. Cr. Cas. (N. Y.) 246; State v. Groff, 5 N. C. 270; Whitehead v. State, 4 Humph. (Tenn.) 278; at least not without some special reason, recognized by law, why the principal has not been tried; Smith v. State, 46 Ga. 298). This is altered by statute in most of the states. This rule is said to have been the outcome of strict medieval logic. The trial of the accused being by sacred or supernatural processes, it would be a shame to the law if the principal were acquitted after the accessory had been hanged.

2 Poll. & Maitl. 508.

But an accessory to a felony committed by several, some of whom have been convicted, may be tried as accessory to a felony committed by these last; but if he be indicted and tried as accessory to a felony committed by them all, and some of them Dec. 482; Com. v. Knapp, 10 Pick. (Mass.) 484, 20 Am. Dec. 534. If the principal is dead, the accessory cannot, by the common law, be tried at all. Com. v. Philli] Mass. 423; State v. Mc Daniel, 41 T< If the principal has been tried and acquitted, a person charged as accessory should be discharged on motion, but If the former is not found the latter may by statute be tried and convicted; United States v. Crane, 4 Mc- Lean, 317, Fed. Cas. No. 14,888. The trial of an accessory may proceed where the principal enters a plea of guilty, and his withdrawal of it during the trial of the former does not affect the validity of a conviction. One Indicted as an aider and abettor of the crime of murder may be convicted and sentenced for that offence, notwithstanding the principal offender had been tried previously, and convicted and sentenced for manslaughter only; Goins v. State, 46 Ohio St. 457, 21 N. E. 476.. In offenses less than felony all are principals, and on information charging one as principal he may be convicted of aiding and abetting; [1907] 1 K. B. 40. See Abettor; Aiding and Abetting; Pbincipaj.