CHAPTER VII. OF THE RELATION OF THE CRIMINAL ACTOR TO THE § 474. Of Principals and Accessories. Criminal actors are of two classes, according to the relation which they sustain to the criminal act; Principals and Accessories. A principal is one who participates in the commission of the criminal act. An accessory is one who does not participate in the commission of the criminal act, but who concurs in or sanctions the act, and in some way contributes to its commission, or attempts to prevent its punishment. This distinction between principals and accessories is recognized only in regard to felony. In treason, all who are engaged are principals, whether they merely procure and encourage the treasonable act to be done, or actually participate in its commission, or harbor or assist the traitor; while those, who conceal the act after its commission, are guilty of misprision. In misdemeanor also, all, of whose guilt the law takes notice, are principals. Read 4 Bl. Comm., pp. 34, 35, 36. 1 Chitty C. L., pp. 256, 261. 1 Russ. Cr., pp. 26, 32, 33. 1 Arch. Cr. Pr., p. 58. 1 Whart. C. L., §§ 112, 131. § 475. Of Principals in the First Degree. Principals are of two kinds : Principals in the First Degree, and Principals in the Second Degree. A principal in the first degree is one, who commits the act either directly by himself or through an innocent agent. Where several acts are necessary to complete a crime, and each act is done by a different person, each of such persons is a principal in the first degree. Where one commits a criminal act by means of an inanimate object, or by means of another person who is without criminal intent, he is principal in the first degree, even though absent at the doing of the act. § 476. Of Principals in the Second Degree. A principal in the second degree is one, who does not himself commit the act, but who is actually or constructively present at its commission, aiding and abetting therein. Any assistance or readiness to assist, however manifested, is an aiding and abetting. A person is actually present at the commission of a crime, when he is at the place where such crime is committed, while it is being committed. He is constructively present when he is so situated, with reference to the place where the crime is committed, while it is being committed, as to be able, if necessary, to personally assist therein. Read 4 Bl. Comm., pp. 34, 35. 1 H. P. C., p. 615. 1 Chitty C. L., pp. 256–260. 1 Russ. Cr., pp. 26-30. § 477. Of Accessories Before the Fact. Accessories are also of two kinds : Accessories Before the Fact, and Accessories After the Fact. An accessory before the fact is one, who does not participate in the commission of the act, but who concurs in and contributes to its commission. Any one, who procures, advises, or encourages another guilty person to commit a criminal act, is such an accessory, whether he be the original contriver of the crime or not. But the crime must be actually committed; for where there is no act there can be no accessory. Read 4 Bl. Comm., pp. 35-37. 1 H. P. C., pp. 612–618. 1 Chitty C. L., pp. 261-264. § 478. Of Accessories After the Fact. An accessory after the fact is one, who does not participate in the commission of the act, but who sanctions it after it has been committed, and endeavors to prevent its punishment. Any one who knows a crime to have been committed, and, with such knowledge, in any manner assists the criminal to escape from justice, becomes thereby an accessory after the fact. A father may not assist the son, nor may the husband assist the wife. If a wife assists her husband, she is presumed to do it under coercion, and is not an accessory. A person does not, however, become an accessory by acts of charity or mercy to a criminal, such as feeding him when in prison, or procuring bail or counsel for him. An accessory, whether before or after the fact, cannot be tried, without his consent, before the trial and conviction of his principal. Read 4 Bl. Comm., pp. 37-40. CHAPTER VIII. OF CRIMINAL PROCEDURE. § 479. Of the Successive Steps in Criminal Procedure. The acts, which enter into the prosecution and punishment of crime, taken collectively, are known as criminal procedure. In its general character, this procedure is everywhere the same, though its details are largely dependent upon local usages and statutes. It consists of the following parts or stages: (1) Arrest; (2) Commitment and Bail; (3) Prosecution; (4) Process; (5) Arraignment; (6) Plea and Issue; (7) Trial and Verdict; (8) Motion for a New Trial; (9) Motion in Arrest of Judgment; (10) Judgment; (11) Reversal or Vacating of Judgment; (12) Pardon; (13) Execution. Many of these parts may not, and the whole cannot, be present in any given proceeding, nor is it necessary that those, which do occur, should succeed each other in the order above mentioned. In discussing them, only the general rules in reference to each can be examined, and the student is referred to the authorities, and especially to local statutes, for exact and detailed information. Read 4 Bl. Comm., p. 289. 1 Bish. C. P., §§ 1-44. § 480. Of Arrest with Warrant. An arrest is the apprehension, or taking into custody, of an alleged offender, in order that he may be brought to trial for the crime. It may be made: (1) By an officer, or |