Brief Fact Summary. Defendant was convicted of being an accessory after the fact. Defendant alleges although he knew the principal had committed the offense, he merely housed the principal in exchange for cash or a part for his truck.
Synopsis of Rule of Law. There must be an affirmative act from which the intention to aid an offender to escape arrest, conviction, or punishment is obvious.
Issue. Whether or not sufficient evidence of the element of ‘rendering assistance’ and the element of intent was presented to sustain the conviction.
Held. The conviction is reversed and the charge is dismissed.
There must be an affirmative act from which the intention to aid an offender, to escape arrest, conviction or punishment is obvious.
A mere denial of knowledge is to be differentiated from an affirmative statement of facts that aids the perpetrator in some way
The requisite intent from a plain reading of the statute is to hinder, prevent or delay the discovery or apprehension of the principal.
A mere denial of knowledge is to be differentiated from an affirmative statement of facts tending to raise any defense for (the principal, or a statement within itself indicating an effort to shield or protect (the principal.View Full Point of Law