And therefore if one command another to lay bold upon the third perfon, and he lays hold upon him and robs him, the perſon commanding is not acceſſary to the robbery; for his command might have been performed without any robbery. Dalt, e. 161.
But if the command had been to beat him, and the party commanded doth kill him, or beat him ſo that he dieth thereof; the perſon commanding fall be acceſſary to the murder: for it is a hazard in beating a man, that he may die thereof. Dalt, e. 161.
2. He that commandeth or counſelleth any unlawful act to be done, ſhall be adjudged acceſſary to all that ſhall enſue upon the ſame evil act, but not to any other distinct thing. As if one command another to ſteal a horſe, and he ſtealeth an ox; or to rob a man by the highway of his money, and he robs him in his houſe of his place; or to burn ſuch an one's houſe, and he burneth the houſe of another; These are other acts and felonies than he commanded to be done and therefore he ſhall not be adjudged acceſſary to them. Dalt. e. 161.
3. But if a perſon commit the ſame felony, which another did command or counſel to be done, tho' he doth it another time, or in another place, or in another fort than was commanded or counſelled, yet here ſuch perſon commanding or counſelling ſhall be acceſſary. As if her doth counſel to kill a man by poison, and he kills him with a dagger' pr tp kill him by the highway, and he kills him in his houſe; or to kill him one day, and he kills him and another day; in theſe and the like caſes, he ſhall be an acceſſary. Dalt, e. 161.
4. Theſe offences which in the conſtruction of law are ſudden and unpremeditated, cannot have anny acceſſaries before. As killing a man by miſadventure, in his own defence, or manslaughter: For in ſuch caſe there can be no procuring, counſelling, commanding, or abetting. But there may be acceſſareies after. 1 H. H. 616.
5. It ſeems to be generally agreed, that he who barely conceals a felony, which he knows to be intended, is guilty only of a miſpriſion of felony, and ſhall not be judged an acceſſary: for this is not procuring, counſelling, or abetting. 2. Haw. 317.
6. Alſo, if a man coiunſels or commands another to kill a perſon, and before he hath killed him, he who counſelled or commanded it, repents, and countermands it, charging him not to kill him, and yet after he doth kill him: here ſuch perſon countermanding ſhall not be adjudged acceſſary to the murder: For the law adjudgeth no man acceſſary to a felony before the fact, but ſuch as continue in that mind at the time that the felon is done and executed. Dalt. e. 161.
7. But if a perſon adviſe a woman to kill her child as ſoon as it ſhall be born, and ſhe skill it in purſuance of ſuch advice: he is an acceſſary to murder, tho' at the time of the advice, the child not being born, no murder could be committed of it: For the unfluence of the felonious advice continuing till the child was born, makes the adviſer as much a felon, as if he had given his advice after the birth. 2 Haw. 315. III. Of
