Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/46

34 CHAPTER THE THIRD. OF PRINCIPALS AND ACCESSORIES. IT having been (hewn in the preceding chapter what perfons are, or are not, upon account of their fituation and circum- flances, capable of committing crimes, we are next to make a few remarks on the different degrees of guilt among perfons that are capable of offending; viz. as principal, and as accejfory. I. A MAN may be principal in an offence in two degrees. A principal, in the firft degree, is he that is the actor, or abfo- lute perpetrator of the crime ; and, in the fecond degree, he who is prefent, aiding, and abetting the fact to be done'. Which prefence need not always be an actual immediate ftand- ing by, within fight or hearing of the fact ; but there may be alfo a conflructive prefence, as when one commits a robbery or murder, and another keeps watch or guard at fome convenient diftance b . And this rule hath alfo other exceptions: for, in cafe of murder by poifoning, a man may be a principal felon, by preparing and laying the poifon, or giving it to another (who is ignorant of it's poifonous quality') for that purpofe ; and yet not adminifter it himfelf, nor be prefent when the very deed of poifoning is committed d. And the fame reafoning will hold, > i Hal. P. C. 615. ' Z5/W. 349. k Fofter. 350. * 3 Inft. 138. with