Wren v. Commonwealth

Citations

• 26 Va. 952

Syllabus

<p>1. An accessory after the fact to a felony, is a person who knowing a felony to have been committed by another, receives, relieves; comforts or assists the felon.</p> <p>2. To constitute an accessory after the fact, three things are requisite: I. The felony must be completed. 2. He must know that the felon is guilty. 3. He must receive, relieve, comfort or assist him.</p> <p>3. It is necessary that the accessory have notice, express or implied, at the time he assists or comforts the felon, that he had committed a felony. And the mere fact that one receives a felon in the same county in which he has been attainted is not sufficient to raise the presumption of knowledge. And the question of knowledge is a question for the jury.</p> <p>4. Any assistance given to one known to be a felon, in order to hinder his apprehension, trial or punishment, is sufficient to make a man accessory after the fact; as that he concealed him in the house, or shut the door against his pursuers until he should have an opportunity to escape; or took money from him to allow him to escape, or supplied, him with money, a horse, or other necessaries, in order to enable him to escape; or that the principal was in prison, and the jailer was bribed to let him escape, or conveyed to him instruments to enable him to break prison and escape.</p> <p>5. Merely suffering the principal to escape will not make the party accessory after the fact; for it amounts at most to a mere omission. Orifhe agree for money notto prosecute the felon; or if knowing of a felony, fails to make it known to the proper authorities ; none of these acts are sufficient to malee the party an accessory after the fact. ' If the thing done amounts to no more than the compounding a felony or the misprision of it, the doer of it will not be an accessory.</p> <p>6. The true test whether one is accessory after the fact, is to consider whether what he did was done by way of personal help to his principal, with the view of enabling his