Commonwealth v. Darnell

Opinion by

Gunther, J.,

The defendant and three others were indicted, tried and convicted of a robbery and assault. Defendant, who was not present at the crime, was found guilty as both an accessory before the fact and after the fact. He has appealed alleging several errors by the trial judge and asks for a new trial.

Defendant first complains of an improper charge as to the definitions of accessory, both before and after the fact. The trial judge charged as follows:

“An accessory in law is one who in some manner is connected with a crime either before or after its commission or perpetration. An…