State v. Smith

This indictment accuses Gallaher of the theft of a gelding, and Smith of being accessary to it. It was quashed on motion, as to Smith. The grounds relied on are—1st. That it fails to state an offence at all, because it does not negative the exceptions contained in the Code, indicating who cannot be accessaries ; and, 2d. It is bad for duplicity.

“ An accessary is one who, knowing that an offence has been, committed, conceals the offender, or gives him any other aid, in order that he may evade arrest, or trial, or the execution of his *286sentence. But no person who aids an offender in making or…