ACCOMPLICE - Black's Law Dictionary

What is ACCOMPLICE? Definition of ACCOMPLICE in Black's Law Dictionary

In criminal law. A person who knowingly, voluntarily, and with common intent with the principal offender unites in the commission of a crime. State v. Keithley, 83 Mont. 177, 271 P. 449, 451, People v. Frahm, 107 Cal.App. 253, 290 P. 678, 682, State v. Coroles, 74 Utah, 94, 277 P. 203, 204. One who is in some way concerned or associated in commission of crime; partaker of guilt; one who aids or assists, or is an accessory. McLendon v. U. S., C.C.A.Mo., 19 F.2d 465, 466. Equally concerned in the commission of crime. Fryman v. Commonwealth, 289 Ky. 540, 159 S.W. 2d 426, 429.

An "accomplice" is one who is guilty of complicity in crime charged, either by being present and aiding or abetting in it, or having advised and encouraged it, though absent from place when it was committed, though mere presence, acquiescence, or silence, in the absence of a duty to act, is not enough, no matter how reprehensible it may be, to constitute one an accomplice. State v. Arnold, 84 Mont. 348. 275 P. 757, 760; presence unnecessary. King v. State. 135 Tex.Cr.11. 378, 120 S.W.2d 590, 592. Knowledge and concealment not sufficient. Wallis v. State, Okl. Cr.App., 292 P. 1056, 1057.

Falsely denying having knowledge of crime not of itself sufficient. Tipton v. State, 126 Tex.Cr.R. 439, 72 S.W.2d
290, 293.

Thief and receiver of stolen property ordinarily not "accomplices". People v. Lima, 25 Cal.2d 573, 154 P.2d
698, 700, 701.

Giver of bribe is an "accomplice". Turner v. State, 58 Ga.Lpp. 775, 199 S.E. 837, 839, Contra, State v. Emory, 55 Idaho 649, 46 P.2d 67, 70.

As specifically applied to witnesses for the state and the necessity for corroborating them, "accomplice" includes all persons connected with the offense by an unlawful act or omission either before, at the time of, or after the commission of the offense, whether such witness was present or participated in the crime or not. Chandler v. State, 89 Tex.Cr.R. 309, 230 S.W. 1002, 1003.

Mere presence is insufficient. Snowden v. State, 27 Ala. App. 14, 165 So. 410.

Suborned witness is an "accomplice". People v. Nicosia, 4 N.Y.S.2d 35, 37, 166 Misc. 597. Contra. State v. De
Vaughn, 2 Cal.App.2d 572, 39 P.2d 223, 224.

Receiver of bribe not "accomplice" of giver. People v. Martin, 114 Cal.App. 392, 300 P. 130, 132.

The term includes all the participes criminis, Darden v. State, 12 Ala.App. 165, 68 So. 550, 551, whether they are considered, in strict legal propriety, as principals in the first or second degree, or merely as accessories before or after the fact. In re Rowe, 23 C.C.A. 103, 77 F. 161; Luck v. State, 125 Tex.Cr.R. 152, 67 S.W.2d 302. But in Kentucky it has been held that "accomplice" does not include an accessory after the fact. See, however, Commonwealth v. Barton, 153 Ky. 465, 156 S.W. 113, 114. And the same rule has been announced elsewhere. State v. Lyons, 144 Minn. 348, 175 N.W. 689, 691. A feigned accomplice has been defined as one who co-operates with view of aiding justice to detect a crime. State v. Verganadis, 50 Nev. 1, 248 P. 900, 903; Decoy not "accomplice". U. S. v. Becker, C.C.A.N.Y., 62 F.2d 1007, 1009.

Liquor control board inspector, Magee v. State, 135 Tex. Cr.R. 381, 120 S.W.2d 248, 249.

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