Drunken Persons.

Persons voluntarily drunk are liable for all crimes committed in that state.

But insanity, though caused by habitual drunkenness, will excuse.-1 Hale, P. C. 32; 1 Hawk. c. 1, s. 6; Co. Litt. 247.

Femes Covert.

In general a felony committed by a wife in the presence of her husband is excused.-1 Hale, P. C. 45, 516; 1 Hawk. c. 1, s. 9.

But not in his absence.-R. & R. 27.

Nor where the evidence shows she was acting voluntarily, and was principally instrumental.-1 Hale, P. C. 516. Nor in case of treason.

Nor in murder or manslaughter.-1 Hale, P. C. 45; 1 Hawk. c. 1, s. 11; 1 St. Tr. 28.

Nor (according to the prevalent opinion) in any misdemeanor, if found guilty with her husband.-1 Salk. 384; 4 Bl. Com. by Ryland, 29, n. (10.)

If the indictment describes her as wife, she need give no proof of being so; but it is no ground for dismissing the indictment, which should proceed; and if indicted jointly with her husband, he may be convicted, and she acquitted.— 1 Hale, P. C. 46.

If the indictment does not describe her as wife, she must prove the marriage; but evidence of cohabitation and reputation will suffice.-1 Russ. 20; 2 C. & P. 434.

Persons under Compulsion of Threats.

Persons acting under threats, inducing fear of death or other bodily harm, are in general excused from crimes so committed.

If the fear be sufficiently well founded to affect a man of firm mind.-4 Bl. C. 30.

But not in case of murder.-1 Hale, P. C. 51.

Persons in Extreme Want

Are not excused for larcenies committed from want.

4 Bl. C. 31.

Persons Ignorant of the Law

Are not excused.-1 Hale, P. C. 42.

Unless, perhaps, where it can be shown that they had not an opportunity of being informed of the law. R. & R. 1.

CHAPTER III.

OF PRINCIPALS AND ACCESSARIES.

A Principal

Is either the actual perpetrator of the crime, or a person present aiding and abetting.-1 Hale, P. C. 615.

But in some cases a man may be a principal without being present, viz. cases where no person, or no guilty person, is present, and where, therefore, there would be no principal unless he were to be so considered, e. g. where poison is laid by a person not present when it is taken; and, generally, whenever murder is committed in the absence of the murderer, or of any other guilty party, by means prepared beforehand.-1 Hale, P. C. 617; 2 Hawk. c. 31, s. 7.

A principal in the first degree is the actual perpetrator; a principal in the second degree is a person present aiding and abetting.

The presence must be sufficiently near to give assistance. -Fost. 350; R. & R. 363.

The aiding and abetting must involve some participation. Mere presence without opposition will not suffice, if no act whatever is done in concert, and no confidence intentionally imparted by such presence to the perpetrators.— 1 Hale, P. C. 439; Fost. 350.

In case of duelling both of the seconds are, in strictness, principals in the second degree, though Lord Hale doubts as to the second of the party killed.-1 Hale, P. C. 422, 452.

All principals in the second degree may be arraigned and tried with, before, or after the principal in the first degree; and may be convicted, though the party charged as principal in the first degree be acquitted.-2 Hale, P. C. 223; 1 Leach, 360; R. & R. 314.

So they may be indicted in general as principals in the first degree, provided the offence permit of participation; or they may be indicted specially as aiders and abettors.-2 Hawk. c. 25, s. 64; Fost. 345.

But where by particular statutes the punishment of principals in first and second degree is different, they must be indicted as aiders and abettors.-1 East, P. C. 348, 350; 1 Leach, 473.

If a person be actually present aiding and abetting, he cannot be indicted as an accessary.-1 Hale, P. C. 615; 1 Leach, 515.

In general the punishment of principals in the first and second degrees is the same, and it is expressly so provided as to larceny, and certain other offences connected therewith, by 7 & 8 Geo. IV. c. 29, s. 61; as to offences of malicious injury to property, by 7 & 8 Geo. IV. c. 30, s. 26; as to offences against the coin, by 2 Will. IV. c. 34, s. 18; and as to forgery, 11 Geo. IV. and 1 Will. IV. c. 66, s. 25, and 2 & 3 Will. IV. c. 123; and provisions applicable to principals in the second degree are contained in most of the sections of 9 Geo. IV. c. 31, relating to offences against the person.

But upon the wording of particular statutes it has been held that none but principals in the first degree are punishable with death upon those statutes, and that principals in the second degree are not so punishable; as where the statute imposes the punishment of death upon the persons committing an offence, and not on the offence itself by name. -Fost. 356, 357.

In cases, however, where principals in the second degree, upon construction of the statute, are not punishable with death, they are punishable (unless otherwise provided) under 7 & 8 Geo. IV. c. 28, s. 8, 9, viz. by transportation for seven years, or imprisonment, with or without hard labour, and with or without solitary confinement; and if a male, the offender may be once, twice, or thrice publicly or privately whipped, in addition to the imprisonment.-Arch. 516.

An Accessary

Is a person not present, but concerned in some manner with a felony, either before or after its commission.4 Bl. C. 35.

Accessaries before the fact are persons absent at the time of the felony committed, who do yet procure, counsel, command, or abet another to commit a felony.-1 Hale, P. C. 615, 616; 7 Geo. IV. c. 64, s. 9.

Mere concealment of a felony to be committed, or mere tacit acquiescence, does not make a man accessary, though he is guilty of misprision of felony, and a misdemeanor.1 Hale, P. C. 616.

The procurement must be continuing up to the time of felony committed. If previously countermanded, he is not accessary.-1 Hale, P. C. 618.

If A. advise one crime, and B. intentionally commit another, or advise a crime as to one person or object, and B. intentionally commit a crime as to another person or object, A. is not accessary. But if A. advise a crime, and B. commit the crime in substance, though varying in circumstances, (e. g. on a command to poison, shoots,) A. is accessary.-1 Hale, P. C. 617; Fost. 370.

Accessaries before the fact may be indicted as such with the principal, or after the conviction of the principal, or for a substantive felony, whether the principal shall or shall not have been convicted, or shall or shall not be amenable to justice. 7 Geo. IV. c. 64, s. 9.

When principal and accessary are tried together, (which is the most usual way,) if the principal plead any thing but the general issue, the accessary shall not answer till the principal's plea is determined.-1 Hale, P. C. 624; 2 Inst. 184.

If the general issue is pleaded, the jury shall be charged to inquire first of the principal, and if they find him not guilty, then to acquit the accessary; but if they find him guilty, then to inquire of the accessary.-1 Hale, P. C. 624; 2 Inst. 184.