Accessary

[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.