Albritton v. State

Citations

• 32 Fla. 358

Syllabus

<p>1. An accessory before the fact is one, who'though absent at the time of the commission of a felony, does nevertheless procu- e, counsel, command or abet another to commit such felony. An accessory after the fact is one who, with knowledge that a felony has been committed by another, aids, relieves, comforts or assists the felon, whether he be a principal or an accessory before the fact. A principal in the second degree is one who is present aiding and abetting at the commission of a felony.</p> <p>2. In an indictment against three persons charging that one of them committed a felony, and that the others were present aiding and abetting in the commission thereof, all are indicted as principals, the one in the first degree, and the others in the second degree, and a conviction will be sustained against all of them on proper proof that either one committed the fel pny, and that the others were present aiding and abetting' in the commission of the same.</p> <p>3. An indictment charged that A. committed a felony, and that H. and M. were present feloniously aiding, abetting and procuring him to commit the same. A. and H. were jointly tried, and the court instructed the jury to the effect that if they believed from the evidence beyond a reasonable doubt that H. committed the felony, and that A. was pressent aiding and abetting in the commission thereof, they were authorized to find the accused guilty : Held, In the absence of a bill of exceptions showing the evidence in the case, that the charge was not erroneous as to H., jointly convicted with A.</p> <p>4. Assignments of error not discussed may be treated as abandoned.</p>