Maxim 8.3.13
It is not consonant to justice that any accessory should be convicted in the king’s court before some one has been attainted of the fact.
Juri non est consonum quod aliquis accessorius in curia regis convincatur antequam aliquis de facto fuerit attinctus.
Source: 2 Inst. 183; Jackson
Difficulty 2/5 — Approachable
Explanation
An accessory cannot be convicted before the principal — unless the underlying crime is first established against the primary offender, there is no foundation for charging one who merely assisted.
Where this applies
- They're trying to convict my accomplice before proving the main crime was committed.
- An accessory can't be convicted before the principal offender.
Legal domains
Cite this maxim
NeCede Max. 8.3.13 — It is not consonant to justice that any accessory should be convicted in the king’s court before some one has been attainted of the fact. — 2 Inst. 183; Jackson (Juri non est consonum quod aliquis accessorius in curia regis convincatur antequam aliquis de facto fuerit attinctus.)
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