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Accessary Before the Fact

2 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

Accessary \Ac*ces"sa*ry\ (277), noun; pl. {Accessaries}. [Cf. {Accessory} and LL. accessarius.] (Law) One who, not being present, contributes as an assistant or instigator to the commission of an offense.

{Accessary before the fact} (Law), one who commands or counsels an offense, not being present at its commission.

{Accessary after the fact}, one who, after an offense, assists or shelters the offender, not being present at the commission of the offense.

Note: This word, as used in law, is spelt accessory by Blackstone and many others; but in this sense is spelt accessary by Bouvier, Burrill, Burns, Whishaw, Dane, and the Penny Cyclopedia; while in other senses it is spelt accessory. In recent text-books on criminal law the distinction is not preserved, the spelling being either accessary or accessory.

From The Collaborative International Dictionary of English v.0.48 [gcide]:

Fact \Fact\ (f[a^]kt), noun [L. factum, fr. facere to make or do. Cf. {Feat}, {Affair}, {Benefit}, {Defect}, {Fashion}, and {-fy}.]

1. A doing, making, or preparing. [Obs.]

A project for the fact and vending Of a new kind of fucus, paint for ladies. --B. Jonson.

2. An effect produced or achieved; anything done or that comes to pass; an act; an event; a circumstance.

What might instigate him to this devilish fact, I am not able to conjecture. --Evelyn.

He who most excels in fact of arms. --Milton.

3. Reality; actuality; truth; as, he, in fact, excelled all the rest; the fact is, he was beaten.

4. The assertion or statement of a thing done or existing; sometimes, even when false, improperly put, by a transfer of meaning, for the thing done, or supposed to be done; a thing supposed or asserted to be done; as, history abounds with false facts.

I do not grant the fact. --De Foe.

This reasoning is founded upon a fact which is not true. --Roger Long.

Note: The term fact has in jurisprudence peculiar uses in contrast with law; as, attorney at law, and attorney in fact; issue in law, and issue in fact. There is also a grand distinction between law and fact with reference to the province of the judge and that of the jury, the latter generally determining the fact, the former the law. --Burrill --Bouvier.

{Accessary before the fact}, or {Accessary after the fact}. See under {Accessary}.

{Matter of fact}, an actual occurrence; a verity; used adjectively: of or pertaining to facts; prosaic; unimaginative; as, a matter-of-fact narration.

Syn: Act; deed; performance; event; incident; occurrence; circumstance.

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Definitions retrieved from the Open Source DICT Webster's English and WordNet 3.0 dictionaries. Click here for database copyright information.

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