Maxim 4.4.13
No one shall be called a principal felon except the party actually committing the felony, or the party present aiding and abetting in its commission.
Nullus dicitur felo principalis nisi actor, aut qui praesens est abettans aut auxilians ad feloniam faciendam.
Source: 3 Inst. 138; Jackson; Weisman, 26h
Difficulty 2/5 — Approachable
Explanation
A principal in felony is either the person who commits the act or one who is physically present and actively assists — absence from the scene makes one an accessory, not a principal.
Where this applies
- Someone who was not present when a crime was committed is charged as a principal.
- The distinction between principal and accessory in a felony is at issue.
Legal domains
Cite this maxim
NeCede Max. 4.4.13 — No one shall be called a principal felon except the party actually committing the felony, or the party present aiding and abetting in its commission. — 3 Inst. 138; Jackson; Weisman, 26h (Nullus dicitur felo principalis nisi actor, aut qui praesens est abettans aut auxilians ad feloniam faciendam.)
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