What is ACCESSORY? Definition of ACCESSORY in Black's Law Dictionary
Anything which is joined to another thing as an ornament, or to render it more perfect, or which accompanies it, or is connected with it, as an incident, or as subordinate to it, or which belongs to or with it; for example, the halter of a horse, the frame of a picture, the keys of a house.
Adjunct or accompaniment. Louis Werner Saw Mill Co. v. White, 205 La. 242, 17 So.2d 264, 270.
A sale of land carried with it the standing timber as an "accessory." Woollums v. Hewitt, 142 La. 597, 77 So. 295, 296.
Automobile Accessories
Articles primarily adapted for use in motor vehicles, under revenue acts. Universal Battery Co. v. U. S., Ct.C1., 50 S.Ct. 422, 423, 281 U.S. 580, 74 L.Ed. 1051.
Criminal Law
Contributing to or aiding in the commission of a crime. One who, without being present at the commission of a felonious offense, becomes guilty of such offense, 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.Comm. 35; Cowell.
One who is not the chief actor in the offense, nor present at its perfornlance. but in some way concerned therein, either before or after the act committed. State v. Thomas, 136 A. 475, 477, 105 Conn. 757. One who aids and abets another. People v. Smith, 260 N.W. 911, 271 Mich. 553. Commands or counsels another. United States v. Peoni, C.C.A.N.Y., 100 F.2d 401, 402.
An "accessory" to a crime is always an "accomplice." People v. Ah Gee, 37 Cal.App. 1, 174 P. 371, 373. In certain crimes, there can be no accessories; all who are concerned are principals. These are (according to many authorities) treason, and all offenses below the degree of felony: 4 Bla.Comm. 35; Com. v. McAtee, 8 Dana (Ky.) 28; Williams v. State, 12 Smedes & M. (Miss.) 58.
Accessory Before the Fact
One who, being absent at the time a crime is committed, yet assists, procures, counsels, incites, induces, encourages, engages, or commands another to commit it. 4 Steph, Comm. 90, note n. People v. Owen, 241 Mich. 111, 216 N.W. 434. United States v. Pritchard, D.C.S.C., 55 F.Supp. 201, .203; rape, Clayton v. State, 244 Ala. 10, 13 So.2d 420, 422.
Murder, Wells v. State, 94 Ga. 70, 20 S.E.2d 580, 582 Distilling, State v. Lackmann, Mo., 12 S.W. 2d 424, 425.
Accessory During the Fact
One who stands by without interfering or giving such help as may be in his power to prevent the commission of a criminal offense. Farrell v. People, 8 Colo.App. 524, 46 P. 841.
Accessory After the Fact
One who, having full knowledge that a crime has been committed, conceals it from the magistrate, and harbors, assists, or protects the person charged with, or convicted of, the crime. Vernon's Ann.C.C.P. art. 53.
All persons who, after the commission of any felony, conceal or aid the offender, with knowledge that he has committed a felony, and with intent that he may avoid or escape from arrest, trial, conviction, or punishment, are accessories. Comp.Laws N.D.1913, § 9219; Rev.Code S.D.1919, § 3595.
An accessory after the fact is a person who, knowing a felony to have been committed by another, receives, relieves, comforts or assists the felon, in order to enable him to escape from punishment, or the like. Buck v. Commonwealth, 116 Va. 1031, 83 S.E. 390, 393. Knowledge, or denial of knowledge, of perpetration of crime, or silence does not make one an "accessory after the fact." Commonwealth v. Giacobbe, 341 Pa. 187, 19 A.2d 71, 75. CantuState, 135 S.W.2d 705, 710, 141 Tex.Cr.R. 99. But affirmative action by false testimony or otherwise usable by accused to escape punishment constitutes one "accessory" as to his testimony. Fisher v. State, 34 S.W.2d 293, 294, 117 Tex.Cr.R. 552; false statements to sheriff relative to defendant's connection with homicide in order to evade arrest, Littles v. State, 111 Tex.Cr.R. 500, 14 S.W.2d 853, 854.
Aiders and Abettors Distinguished
The concept of an "accessory before the fact" presupposes a prearrangement to do the criminal act, and to constitute one an "alder and abettor" he must be on the ground and by his presence aid, encourage or incite the principal. Morel v. United States, C.C.A.Ohio, 127 F.2d 827, 830, 831.
Principal Distinguished
"Principal in the second degree," as distinguished from "accessory before the fact," is one who aids in commission of felony by being either actually or constructively present, aiding, and abetting commission of felony, when perpetrated. Neumann v. State, 116 Fla. 98, 156 So. 237, 239.
More On This Topic:
ADMISSIONS
ACCESSORY CONTRACT
ACCOMPLICE
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That's the definition of ACCESSORY in Black's Law Dictionary - Courtesy of Cekhukum.com.
