State v. Sheriff
Supreme Court of South Carolina
Before Prince, J., Oconee, July, 1921. Matthew Sheriff, convicted of housebreaking and larceny, appeals. cite: Distinction between principal and accessory: 2 Brev. 338; 12 Cyc. 183; 18 S. C. 177; Crim. Code 1912, Sec. 919, 920. Person proven to be principal cannot be convicted on indictment as accessory: 14 N. Y., 123; 26 S. C., 205; Crim.
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Before Prince, J., Oconee, July, 1921. Matthew Sheriff, convicted of housebreaking and larceny, appeals. cite: Distinction between principal and accessory: 2 Brev. 338; 12 Cyc. 183; 18 S. C. 177; Crim. Code 1912, Sec. 919, 920. Person proven to be principal cannot be convicted on indictment as accessory: 14 N. Y., 123; 26 S. C., 205; Crim. Code 1912, Sec. 178; 85 S. C., 277. Accessory before the fact: 2 Bail. 31; 12 Cyc. 185; 8 R. C. R. 66. Principal must be present at crime: 2 Brev. 338; 107 S. C., 445. Oral argument.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Cothran.
1 There should be a new trial upon the ground that the appellant was charged in the indictment as a principal, and the evidence tends to show that, if he was guilty of any offense at all, 'it was that of having been an accessory before the fact.
The Common Law, as well as Sections 919, 920, Criminal Code, recognizes the distinction between principals and accessories before the fact and, while the punishment is the same for each, that does not change the essential distinction or relieve the necessity of the appropriate allegations in…
2Cases cited1 opinion
- Town of Hartsville v. McCallSupreme Court of South Carolina · 1915
3Cited by7 opinions
- State v. CollinsSupreme Court of South Carolina · 1976
- State v. GriggsSupreme Court of South Carolina · 1937
- Paul Mazzell v. Parker Evatt, Commissioner, South Carolina Department of Corrections Travis Medlock, Attorney General, State of South CarolinaCourt of Appeals for the Fourth Circuit · 1996
- State v. JenningsSupreme Court of South Carolina · 1930
- Mazzell v. EvattCourt of Appeals for the Fourth Circuit · 1996
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