Daughtrey v. State

Citations

• 46 Fla. 109

Syllabus

<p>1. An accessory before or after the fact may be indicted separately from the principal either before or after the latter’s conviction; if before, the indictment must aver the principal’s guilt; if after, it may allege either the guilt of the principal, or that he has been convicted without averring his guilt.</p> <p>2. By the common law and in this State the conviction of the principal is an essential prerequisite, except in certain cases, to the punishment of the accessory, and the conviction required includes the judgment of conviction and not merely the verdict of a jury.</p> <p>3. An indictment against an accessory which fails to allege the guilt of the principal, but merely that he was duly convicted by a jury at a specified term of the court, is fatally defective in that it fails to show a judgment of conviction but merely a conviction by the verdict of the jury.</p>