Page:United States Statutes at Large Volume 76A.djvu/510

–414– -414§ 23. Classification of offenses (a) Offenses are either felonies or misdemeanors. (b) As to all offenses included in this Code, a felony is an offense punishable by death or by imprisonment in the penitentiary. Every other offense is a misdemeanor. When an offense punishable by imprisonment in the penitentiary is also punishable by fine or imprisonment in jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the penitentiary. (c) As to all offenses against the general laws of the United States applicable to the Canal Zone, a felony is an offense punishable by death or imprisonment for a term exceeding one year, and all other such offenses are misdemeanors. Subchapter III—Parties to Crimes § 41. Principals; pleading (a) Whoever commits an offense, or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. (b) Whoever willfully causes an act to be done which, if directly performed by him or another person, would be an offense, is punishable as a principal. (c) Persons within this section shall be prosecuted and tried as principals, and no fact need be alleged in the information against them other than is required in the information against the principal. § 42. Conviction on testimony of accomplice; accomplice defined (a) A conviction can not be had on the testimony of an accomplice unless his testimony is corroborated by other evidence which in itself and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense. The corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof. (b) An accomplice is an individual who is liable to prosecution for the identical offense charged against the defendant on trial in the cause in which the testimony of the accomplice is given. § 43. Accessory after the fact; punishment Whoever, knowing that an offense has been committed, receives, relieves, comforts, or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact. Except as otherwise expressly provided by law, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or fined not more than one-half the maximum fine prescribed for the punishment of the person punishable as a principal, or both; or if the person punishable as a principal is punishable by imprisonment for life or by death, the accessory shall be imprisoned not more than 10 years. An accessory after the fact may be prosecuted, tried and punished though the person punishable as a principal is neither prosecuted nor tried. § 44. Misprision of felony Whoever, having knowledge of the actual commission of a felony cognizable by the district court, conceals and does not as soon as possible make known the same to the judge of the district court or some other person in civil or military authority under the United States or the Canal Zone Government, shall be fined not more than $500 or imprisoned in the penitentiary not more than three years, or both; and may be prosecuted, tried and punished though the person or persons who committed the felony concealed are neither prosecuted nor tried.

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