Usselton v. People

Citations

• 149 Ill. 612
• 36 N.E. 952
• 1894 Ill. LEXIS 1564

Syllabus

<p>1. Criminal law—indictment of one as accessory before the fact. An indictment of one as an accessory before the fact, as at common law, will not support a verdict of guilty of the principal offense.</p> <p>2; Same—accessory before the fact. An accessory before the fact, at common law, is defined to be “one who, being absent at the time of the commission of the offense, yet procures, counsels or commands another to commit it.” Absence is necessary, for if he be actually or constructively present when the felony is committed, he is an aider and abettor, and not an accessory before the fact.</p> <p>3. At common law all persons actually or constructively present at the commission of a felony, but not participating therein, were principals of the second degree, and this continues to be the common law. No distinction was made in the punishment of a principal and of an accessory before the fact.</p> <p>4. In this State the distinction between accessories before the fact and principals has been abolished, and the definition of such accessories includes those who were principals in the second degree at common law,—that is, those standing by, aiding and abetting,—as well as those who, not being present, have advised and encouraged the perpetration of the crime.</p> <p>5. Same—accessories must be indicted as principals. As the statute makes all accessories at or before the fact, principals, and provides that they shall be punished accordingly, it follows that accessories before the fact must be indicted as principals, or not at all, for they are declared by the statute to be principals.</p> <p>6. Same—indictment of accessories at the fact. Where A inflicts a mortal wound upon B, from which he dies, and he is aided and encouraged by others at the time, the indictment may allege that the mortal wound was inflicted by A, or by each and all of the defendants, including A, and it must conclude as for murder. Unless the accessories are indicted as principals they can not be convi