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accessary a. 附屬的,附帶的,從犯的
n. 同謀,從犯,附件 附屬的,附帶的,從犯的同謀,從犯,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 perpetrationof the offence, nor present at its performance, but is some way concernedtherein, either before or after the fact committed. 2. An accessary before the fact, is one who being absent at the timeof, the crime committed, yet procures, counsels, or commands another tocommit it. 1 Hale, P. C. 615. It is, proper to observe that when the act iscommitted through the agency of a person who has no legal discretion nor awill, as in the case of a child or an insane person, the incitor, thoughabsent 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 thefirst degree. Fost. 340; 1 P. C. 118. 3. An accessary after the fact, is one who knowing a felony to havebeen 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 areconcerned are principals, whether they were present or absent at the time oftheir commission. These are treason, and all offences below the degree offelony. 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. Butwhether it is law in the United States appears not to be determined asregards the cases of persons assisting traitors. Serg. Const. Law, 382; 4Cranch, 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 becharged as a more accessary to him. 1 W.& M. 221. 7. By the rules of the common law, accessaries cannot be tried withouttheir consent, before the principals. Foster, 360. The evils resulting fromthis rule, are stated at length in the 8th vol. of Todd' s Spencer, pp. 329, 330. |
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