State v. Derosia

This indictment charges the defendant as a principal in the second degree with a violation of R. L., c. 118, s. 19, in, language which has become classic to describe such an offense. See State v. M’Gregor, 41 N. H. 407, 413. The principal argument of the defendant in support of his motion to quash is that the statute “applies only to the person actually doing the thing which constituted the offense” and does not permit of any principals in the second degree or accessories, citing in support of this proposition 14 Am. Jur. Tit: Criminal Law, s. 83. “When a statute creates a new felony, whether…