Definition of Accessary

In 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. An accessary is one who is not the chief actor in the offense, nor present at its performance, bnt in some way concerned therein, either before or after the act committed. Code Ga. 1882, § 4306. People v. Schwartz, 32 Cal. 100; Fixmer v. People. 153 111 123, 38 N E G67 ; State v. Berger. 121 Iowa, 581, 96 N W. 1094; People v. Ah Ping, 27 Cal. 489; United States v. Hartwell, 26 Fed. Cas. 198. Accessary after the fact. An accessary after the fact is a person 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. Code Ga. 1882, § 4308; Pen. Co.de Cal § 32. 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, trlal, conviction or punishment, are accessaries. Pen. Code Dak. § 28. An acoessary after the fact ls 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. 1 Russ. Crimes, 171; Steph. 27; United States v. Hartwell, 26 Fed. Cas. 196; Albritton v. Sinte, 32 Fla. 358, 13 South. 955; State v. Davis, 14 R. I. 281; People v. Sanborn, 14 N. Y. St. Rep. 123; Loyd v. State, 42 Ga. 221; Carroll v. State, 45 Ark. 545; Blakely v. State, 24 Tex. App. 616, 7 S. W. 233, 5 Am. St Bep. 912. 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 case, 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. Plow. 97. 1 Hale, P. C. 615, 616; 4 Steph. Comm. 90, note n. An. accessary before the fact is one who, being absent at the time of the crime committed, doth yet procure, counsel or command another to commit a crime. Code Ga. 1882, § 4307; United States v. Hartwell, 26 Fed. Cas. 196; Griffith v. State, 90 Ala. 583, 8 South. 812; Spcar v. Hiles, 67 Wis. 361, 30 N. W. 511; Com. v. Hollister, 157 Pa. 13, 27 Atl. 386, 25 L. R. A. 349; People v. Sanborn, 14 N. Y. St Rep. 123. Accessary 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 Co.Io. App. 524, 46 Pac. 841.