Abduction-Conspiracy to Abduct, continued. shall reside with any of the persons aforesaid, or at school, to leave the persons aforesaid or the school, shall be guilty of a like offence, and on conviction shall be punished as prescribed in the preceding section: Provided, That no one who may be a nearer blood-relation to the child than the persons named in said section shall be indicted for either of said offences. ABORTION. STATUTES: I. Administeriny Medicine to Pregnant Woman, or Using Instrument, to Destroy her Child. (No decisions.) II. Administering Medicine to Pregnant Woman, or Using Instrument, to Procure Miscarriage. DECISIONS: (1) Misdemeanor at Common-Law. I. Administering Medicine to Pregnant Woman or using Instrument to Destroy her Child. The Code, Sec. 975. Every person who shall wilfully administer to any woman either pregnant or quick with child, or prescribe for any such woman, or advise or procure any such woman to take any medicine, drug or substance whatever, or shall use or employ any instrument or other means with intent thereby to destroy said child, unless the same shall have been necessary to preserve the life of such mother, shall be guilty of a felony, and imprisoned in the penitentiary for not less than one year or more than ten years, and be fined at the discretion of the court. Abortion, continued. II. Administering Medicine to Pregnant Woman or using Instrument to Procure Miscarriage. The Code, Sec. 976. Every person who shall administer to any pregnant woman, or prescribe for any such woman, or advise and procure such woman to take any medicine, drug or anything whatsoever, with intent thereby to procure the miscarriage of any such woman, or to injure or destroy such woman, or shall use any instrument or application for any of the above purposes, shall be guilty of a misdemeanor, and imprisoned in the jail or penitentiary for not less than one year nor more than five years, and be fined at the discretion of the court. (1) Misdemeanor at Common-Law. It is a common-law misdemeanor to administer a noxious drug with intent to produce an abortion. State v. Slagle, 82, 653. NOTE. This decision was rendered before the passage of the above act. ACCESSORIES. 94-928 STATUTES: I. Before the Fact: When, Where and How Tried. STATUTES: 1. The Offence, Generally: (1) Accessory Liable for Consequences of Principal's Act. 2. Indictment: (1) Averment of Principal's Guilt Necessary. II. How Punishsd. (No decisions.) III. After the Fact: When, Where, and How Tried and Punished. (No decisions.) IV. How Proceeded Against and Punished where Principal is not Attainted. (No decisions.) I. Before the Fact: when, where, and how Tried. The Code, Sec. 977. If any person shall counsel, procure, or command any other person to commit any felony, whether the same be felony at common-law or by virtue of any statute, the person so counseling, procuring or commanding, shall be guilty of felony, and may be indicted and convicted, either as an accessory before the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon; or may be indicted and convicted of a substantive felony, whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice, and may be punished in the same manner as any accessory before the fact to the same felony, if convicted as an accessory, may be punished; and the offence of the person so counseling, procuring, or commanding, howsoever indicted, may be inquired of, tried, determined, and punished by any court which shall have jurisdiction Accessories Before the Fact, etc., continued. to try the principal felon, in the same manner as if such offence had been committed at the same place as the principal felony or where the princip il felony is triable, although such offence may have been committed at any place within or without the limits of the State; and in case the principal felony shall have been committed within the body of any county, and the offence of counseling, procuring or commanding shall have been committed within the body of any other county, the last-mentioned offence may be inquired of, tried, determined, and punished in either of such counties: Provided, that no person who shall be once duly tried for any such offence, whether as an accessory before the fact, or as for a substantive felony, shall be liable to be again indicted or tried for the same offence. 1. The Offence, Generally. 94-928; 95-626 (1) Accessory Liable for Consequences of Principal's Act. If A procure B to rob C, and B, after committing the robbery, kill C to conceal the robbery, A is guilty as accessory before the fact to the murder. State v. Davis, 87-514. 2. Indictment. (1) Averment of Principal's Guilt Necessary. It is essential, in an indictment for being an accessory before the fact, to aver the guilt of the principal. State v. Davis, 87-514. II. How Punished. The Code, Sec. 980. Any person who shall be convicted as an accessory before the fact in either the crimes of murder, arson, burglary, or rape, shall be imprisoned for life in the penitentiary. An accessory before the fact to the stealing of any horse, mare, gelding or mule, on being duly convicted thereof, shall be imprisoned at hard labor in the penitentiary for not less than five nor more than twenty years, in the discretion of the court. Every accessory before the fact, in any other felony, shall be punished by imprisonment in the penitentiary or county jail, for not more than ten years, or may be fined, in the discretion of the court. Accessories, continued. III. After the Fact: when, where, and how Tried and Punished. The Code, Sec. 978. If any person shall become an accessory after the fact to any felony, whether the same be a felony at common-law or by virtue of any statute or statutes made, or to be made, such person shall be guilty of a misdemeanor, and may be indicted and convicted, together with the principal felon or after the conviction of the principal felon, or may be indicted and convicted for such misdemeanor, whether the principal felon shall or shall not have been previously convicted or shall or shall not be amenable to justice, and shall be punished by imprisonment in the penitentiary or county jail for not less than four months nor more than ten years, and may also be fined in the discretion of the court. And the offence of such person may be inquired of, tried, determined and punished by any court which shall have jurisdiction of the principal felon, in the same manner as if the act, by reason whereof such person shall have become an accessory had been committed at the same place as the principal felony, although such act may have been committed without the limits of the State; and in case the principal felony shall have been committed within the body of any county, and the act, by reason whereof any person shall have become accessory, shall have been committed within the body of any other county, the offence of such person guilty of a misdemeanor as aforesaid, may be inquired of, tried, determined, and punished in either of said counties: Provided, that no person who shall be once duly tried for such misdemeanor shall be again indicted or tried for the same offence. IV. How Proceeded Against and Punished where Principal is not Attainted. The Code, Sec. 979. In order that accessories may be convicted and punished in all cases, it is enacted that if any principal offender shall be in anywise convicted, it shall be lawful to proceed against an accessory, either before or after the fact, in the same manner as if the principal felon shall die or be pardoned or otherwise |