accessary
a . 附属的,附带的,从犯的
n . 同谋,从犯,附件
附属的,附带的,从犯的同谋,从犯,附件
accessary adj 1 :
aiding and abetting in a crime ; "
he was charged with being accessory to the crime " [
synonym : {
accessary },
{
accessory }]
n 1 :
someone who helps another person commit a crime [
synonym :
{
accessory }, {
accessary }]
Accessary \
Ac *
ces "
sa *
ry \ (#;
277 ),
a .
Accompanying ,
as a subordinate ;
additional ;
accessory ;
esp .,
uniting in ,
or contributing to ,
a crime ,
but not as chief actor .
See {
Accessory }.
[
1913 Webster ]
To both their deaths thou shalt be accessary . --
Shak .
[
1913 Webster ]
Amongst many secondary and accessary causes that support monarchy ,
these are not of least reckoning .
--
Milton .
[
1913 Webster ]
Accessary \
Ac *
ces "
sa *
ry \ (
277 ),
n .;
pl . {
Accessaries }. [
Cf .
{
Accessory }
and LL .
accessarius .] (
Law )
One who ,
not being present ,
contributes as an assistant or instigator to the commission of an offense .
[
1913 Webster ]
{
Accessary before the fact } (
Law ),
one who commands or counsels an offense ,
not being present at its commission .
{
Accessary after the fact },
one who ,
after an offense ,
assists or shelters the offender ,
not being present at the commission of the offense .
[
1913 Webster ]
Note :
This word ,
as used in law ,
is spelt accessory by Blackstone and many others ;
but in this sense is spelt accessary by Bouvier ,
Burrill ,
Burns ,
Whishaw ,
Dane ,
and the Penny Cyclopedia ;
while in other senses it is spelt accessory .
In recent text -
books on criminal law the distinction is not preserved ,
the spelling being either accessary or accessory .
[
1913 Webster ]
ACCESSARY ,
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 .
2 .
An accessary 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 ,
P .
C .
615 .
It is ,
proper to observe that when the act is committed through the agency of a person who has no legal discretion nor a 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 accessary ,
for none can be accessary to the acts of a madman ,
but a principal in the first degree .
Fost .
340 ;
1 P .
C .
118 .
3 .
An accessary after the fact ,
is one who knowing a felony to have been committed ,
receives ,
relieves ,
comforts ,
or assists the felon .
4 Bl .
Com .
37 .
4 .
No one who is a principal (
q .
v .)
can be an accessary .
5 .
In certain crimes ,
there can be no accessaries ;
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 .
1 Russ .
21 ,
et seq .;
4 Bl .
Com .
35 to 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 ,
Parnphl .
199 .
6 .
It is evident there can be no accessary when there is no principal ;
if a principal in a transaction be not liable under our laws ,
no one can be charged as a more accessary to him .
1 W .&
M .
221 .
7 .
By the rules of the common law ,
accessaries cannot be tried without their consent ,
before the principals .
Foster ,
360 .
The evils resulting from this rule ,
are stated at length in the 8th vol .
of Todd '
s Spencer ,
pp .
329 ,
330 .
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