Page:Conductor Generalis (1788) (IA conductorgeneral00park).pdf/36



Acceary after the fact, where a peron knowing the felony to be committed by another, relieves, comforts, or aits the felon. 1 H. H. 618.

Knowing the felony io be committed] There can be no doubt, but that it is neceary that the receiver have notice of the felony, either expres or implied, and fate be laid in the indictment, that the receiver knew that the peron received by him, had committed the principal felony. 2. Haw. 319.

The felony] This, as hath been aid, holds place only in felonies, and in thoe felonies, where by the law judgment of death regularly ought to enue: aud therefore not in petit larceny. 1 H. H. 618.

And therefore if a perfon do barely receive, comfort, or conceal an offender guilty of any common trepas, or inferior crime of the like nature tho' he knew him to have been guilty, and that there is a warrant out againt him, yet he is not an acceary to the offence: but perhaps in uch cae he may be indictable for a contempt of the law, in hindring the due coure of jutice. 2 Haw. 311.

Relieves, comforts, or aits the felon] In the explication of thee words, everal things are coniderable:

1. Generally, any aitance whatoever given to one known to be a felon, in order to hinder his being apprehended, or tried, or uffering the punihment to which he is condemned, is ufficient to bring a man within this decription, and make him acceary to the felony: as where one aits him with a hore to ride away with, or with money or vituals to upport him in his ecape. 2. Haw. 317.

2. But if a man knows that a peron hath committed a felony, but doth not dicover it, this doth not make him an acceary, but it is a mipriion of felony, for which he may be: indicted, and upon his conviction, fined and imprioned, 1 H. H. 618.

3. Alo if a man ees another commit a felony, but conents not, nor yet takes eare to apprehend him or to devy hue and cry after him, or upon hue and cry levied doth not purue him: this is a neglect punihable by fine and imprionment, but it doth not make him an acceary. 1. H. H. 618.

4. In like manner if one commit a felony, and come to a peron's houe before he be arrested, and uch peron uffer him to ecape without arret, knowing him to have committed a felony, this doth not make him acceflary; but if he take money of the felon to uffer him to ecape, this makes him acceary: And o it is if he hut the fore-door of his houe, whereby the puruers are deceived, and the felon hath opportunity to ecape, this makes him an acceary: for here is not a bare omiion, but an act done by him to accommodate the felon's ecape. 1. H. H. 619.

5. Also it eems to be ettled at this day, that whooever recues a felon from an arret for the felony, or voluntarily uffers him to ecape, is an acceary to the felony. 2 Haw. 318.