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Rh And therefore if one command another to lay bold upon the third perfon, and he lays hold upon him and robs him, the peron commanding is not acceary to the robbery; for his command might have been performed without any robbery. Dalt, e. 161.

But if the command had been to beat him, and the party commanded doth kill him, or beat him o that he dieth thereof; the peron commanding fall be acceary to the murder: for it is a hazard in beating a man, that he may die thereof. Dalt, e. 161.

2. He that commandeth or counelleth any unlawful act to be done, hall be adjudged acceary to all that hall enue upon the ame evil act, but not to any other distinct thing. As if one command another to teal a hore, and he tealeth an ox; or to rob a man by the highway of his money, and he robs him in his houe of his place; or to burn uch an one's houe, and he burneth the houe of another; These are other acts and felonies than he commanded to be done and therefore he hall not be adjudged acceary to them. ''Dalt. e.'' 161.

3. But if a peron commit the ame felony, which another did command or counel to be done, tho' he doth it another time, or in another place, or in another fort than was commanded or counelled, yet here uch peron commanding or counelling hall be acceary. As if her doth counel to kill a man by poison, and he kills him with a dagger' pr tp kill him by the highway, and he kills him in his houe; or to kill him one day, and he kills him and another day; in thee and the like caes, he hall be an acceary. Dalt, e. 161.

4. Thee offences which in the contruction of law are udden and unpremeditated, cannot have anny accearies before. As killing a man by miadventure, in his own defence, or manslaughter: For in uch cae there can be no procuring, counelling, commanding, or abetting. But there may be acceareies after. 1 H. H. 616.

5. It eems to be generally agreed, that he who barely conceals a felony, which he knows to be intended, is guilty only of a mipriion of felony, and hall not be judged an acceary: for this is not procuring, counelling, or abetting. 2. Haw. 317.

6. Alo, if a man coiunels or commands another to kill a peron, and before he hath killed him, he who counelled or commanded it, repents, and countermands it, charging him not to kill him, and yet after he doth kill him: here uch peron countermanding hall not be adjudged acceary to the murder: For the law adjudgeth no man acceary to a felony before the fact, but uch as continue in that mind at the time that the felon is done and executed. ''Dalt. e. 161.''

7. But if a peron advie a woman to kill her child as oon as it hall be born, and he skill it in puruance of uch advice: he is an acceary to murder, tho' at the time of the advice, the child not being born, no murder could be committed of it: For the unfluence of the felonious advice continuing till the child was born, makes the advier as much a felon, as if he had given his advice after the birth. 2 Haw. 315.