Smith v. State
Supreme Court of Georgia
Criminal law. Accessory before tlie fact. Confessions. Before Judge Sessions. Echols Superior Court. April Term, 1872. Aaron Smith was placed upon trial for being an accessory before the fact to the offense of arson, committed by Albert Franklin. Albert Franklin was present and testified on Smith’s trial. He had not then been placed on trial.
Read the full summary
Criminal law. Accessory before tlie fact. Confessions. Before Judge Sessions. Echols Superior Court. April Term, 1872. Aaron Smith was placed upon trial for being an accessory before the fact to the offense of arson, committed by Albert Franklin. Albert Franklin was present and testified on Smith’s trial. He had not then been placed on trial. The following portions of the testimony are all that are material to an understanding of the decision of the Court, to-wit: Albert Franklin, sworn: “They took me down to the place at the branch to look at the tracks; they all had guns, and scared me; Mr.…
1Opinion of the Court
McCay, Judge.
It was a well-settled rule at common law, that the accessory could not be put upon his trial until after the conviction of the principal felon: Wharton’s American Criminal Law, section 135, 1st volume. This was changed by the Act of Anne, so that if the principal felon was delivered in any way after conviction and before attaint, the accessory might be tried. In the special case of the offense of receiving stolen goods, there was an exception to the rule if the principal was outlawed. And this rule is, in effect, adopted by the provisions of our Code: Eevised Code, section 4421.…
2Cited by10 opinions
- Harris v. StateSupreme Court of Georgia · 1940
- State of Kansas v. RobertsSupreme Court of Kansas · 1915
- Wells v. StateSupreme Court of Georgia · 1942
- Chambers v. StateSupreme Court of Georgia · 1942
- State v. MannWashington Supreme Court · 1905
5 more not listed; retrieve them via the Exa API.