are something more than "words sounding in bare permission," of which Hale speaks in the above quotation. Bare nondisclosure or concealment of the intention of another to commit a felony is not enough.5 58

180. Criminal Intent.

To render one guilty of a crime as an accessary he must have a criminal intent. Thus, one who joins a conspiracy to commit a robbery merely for the purpose of exposing it, and honestly carries out the plan, is not an accessary before the fact to the robbery when. committed by the others.59

V. ACCESSARIES AFTER THE FACT.

181. Definition. An accessary after the fact is one who receives, relieves, comforts, or assists another personally, with knowledge that he has com. mitted a felony.60 To constitute one an accessary after the fact

Daniel's Case, 19 How. St. Tr. 804; Rex v. Cooper, 5 Car. & P. 535; Norton v. People, 8 Cow. (N. Y.) 137.

58 2 Hawk. P. C. c. 29, § 23; Rucker v. State, 7 Tex. App. 549.

59 Com. v. Hollister, 157 Pa. St. 13.

If a specific intent is necessary to constitute the particular offense, a person, to be an accessary, must entertain, or know that the principal enter

1. A felony must have been committed, and it must have been complete at the time of the relief or assistance.

2. The accused must know that the felony has been committed by the person received, relieved, or assisted.

3. The assistance must be rendered to the felon personally.

182. The Commission of the Felony.

To render one an accessary after the fact to a felony, it is clear that the person relieved or assisted must have committed a felony. It is also necessary that the felony shall have been completed at the time the relief or assistance was given. Thus, a person cannot be convicted as an accessary after the fact to a murder because he assisted the murderer to escape, where the assistance was rendered after the mortal wound was given, but before death ensued, as a murder is not complete until the death results.61 In such a

tains, that specific intent. See State v. Hickam, 95 Mo. 322, 6 Am. St. Rep. 54.

60 4 Bl. Comm. 37; 1 Hale, P. C. 618; Wren v. Com., 26 Grat. (Va.) 952; Loyd v. State, 42 Ga. 221; Tully v. Com., 11 Bush (Ky.) 154.

61 4 Bl. Comm. 38; 1 Hale, P. C. 622; Harrel v. State, 39 Miss. 702, 80 Am. Dec. 95. See, also, Wren v. Com., 26 Grat. (Va.) 952,

case, however, there may be a conviction as accessary after the fact to the offense of assault with intent to murder, if this is made a felony by statute.62 A felony must have been actually committed by the person received or assisted. It is not enough to show that he was accused of a felony.63

183. Knowledge of Commission of the Felony.

It is also necessary to show that the accused knew that the felony had been committed, and that it had been committed by the person received or assisted.64 "There can be no accessary in receipt of a felon, unless he know him to have committed a felony."65

184. The Relief or Assistance.

To render one an accessary after the fact, some relief or assistance must be given the felon. Mere failure to disclose the commission of a felony or to apprehend the felon, or mere approval of the felony, is not enough."

62 Harrel v. State, supra.

63 Poston v. State, 12 Tex. App. 408.

66

64 2 Hawk. P. C. c. 29, § 32; State v. Davis, 14 R. I. 281; Wren v. Com., 26 Grat. (Va.) 952; Loyd v. State, 42 Ga. 221; Robbins v. State, 33 Tex. Cr. R. 573.

65 1 Hale, P. C. 622. See Tully v. Com., 13 Bush (Ky.) 142.

661 Hale, P. C. 618; Wren v. Com., 26 Grat.

It is also necessary that the relief or assistance shall be given to the felon personally. For this reason receiving stolen goods from the thief, or aiding in the concealment of stolen goods, knowing that they have been stolen, does not render one an accessary after the fact to the larceny, though it is in itself an offense, for this is merely dealing with the goods, and not assisting the thief personally.67

Generally speaking, any assistance whatever given to a felon, to hinder his being ap prehended, tried, or suffering punishment, makes the person assisting an accessary, as furnishing him with a horse to escape his pursuers, money or food to support him, a house or other shelter to conceal him, or open force or violence to rescue or protect him.68

(Va.) 952; Carroll v. State, 45 Ark. 539; State v. Hann, 40 N. J. Law, 228; Cooper v. Johnson, 81 Mo. 483.

67 4 Bl. Comm. 38; 1 Hale, P. C. 619, 620; Loyd v. State, 42 Ga. 221; Wren v. Com., 26 Grat. (Va.) 952; post, § 380. He is not an accessary because "he receives the goods only, and not the felon." 4 Bl. Comm. 38. See, also, Reg. v. Chapple, 9 Car. & P. 355.

68 4 Bl. Comm. 37; 2 Hawk. P. C. c. 29, §§ 26,

69

To convey instruments to a felon to enable him to break jail, or to bribe the jailer to let him escape, will make one an accessary." "But to relieve a felon in jail with clothes or other necessaries is no offense; for the crime imputable to this species of accessary is the hindrance of public justice, by assisting the felon to escape." 9970 Compounding a felony,— agreeing to conceal a felony, or not to prosecute therefor, or to withhold evidence,-without rendering any assistance to the felon, as explained above, does not render one an accessary.71

185. Persons Occupying Particular Relations.

"So strict is the law," says Blackstone, "that the nearest relations are not suffered to aid or receive one another. If the parent assists his child, or the child the parent, if the brother receives the brother, the master his servant, or the servant his master, or even if the husband relieves his wife, who may have any of them committed a felony,

27, 34, 35; 1 Hale, P. C. 619; Wren v. Com., 26 Grat. (Va.) 952; Rex v. Lee, 6 Car. & P. 536.

69 4 Bl. Comm. 38; 1 Hale, P. C. 621; Wren v. Com., 26 Grat. (Va.) 952.

70 4 Bl. Comm. 38. And see 1 Hale, P. C. 620. 71 Wren v. Com., 26 Grat. (Va.) 952.