Thursday, May 30, 2013

No such thing as "misdemeanor accessory before the fact" in Mississippi

A question arose today about whether or not someone could be charged with being an accessory before the fact to a misdemeanor crime.  Here's the language of Miss. Code Section 97-1-3:
Every person who shall be an accessory to any felony, before the fact, shall be deemed and considered a principal, and shall be indicted and punished as such; and this whether the principal have been previously convicted or not. (Emphasis added.)
As you can see, in order to be charged with accessory before the fact, the principal's charge must be a felony, not a misdemeanor.  The same is true with accessory after the fact.

The felony requirement does not apply to conspiracies, though.