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.