Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

An accessory cannot be tried, without his consent, before the principal. Even when the accessory waives the right, and may be tried before the principal, if he is convicted it is necessary to respite judgment until the trial of the principal because a subsequent acquittal of the latter would annul this conviction. 1 Hale P.C. *623. The principal and the accessory may be tried jointly, unless the accessory is entitled to a severance, but if they are tried together the trier of fact must first inquire into the guilt of the principal, and, if it finds him not guilty, the accessory must be acquitted. 


Only upon finding the principal guilty may the trier of fact consider whether the accessory is guilty. An acquittal of the principal, of course, bars a subsequent trial of the accessory. Perkins, Criminal Law at 672-673 (2d ed. 1969) . Professor Perkins finds this aspect of the principal-accessory concept to be 'quite absurd.' He points out: 'Anything which prevents conviction of the principal makes impossible the conviction of the accessory. Hence, if the principal is never apprehended, or if before the moment of conviction he should die or be pardoned, the accessory must ...

Register or login to access full content



Professors
Professionals
Students