The principal and accessory can be jointly indicted in the same count of the indictment by proper allegations showing the commission of the crime by one and alleging the facts showing the other to be an accessory.50

In drawing the indictment against an accessory it may be advisable to describe the circumstances of the offense as it actually occurred, but it is not indispensable.51

An accessory cannot be guilty of a higher offense than his principal, nor guilty at all as an accessory, unless his principal is guilty.52 And the acquittal of the principal works an acquittal of the one charged as accessory.53

49 Jolly vs. State, 94 Ala., 19;

People vs. Rozelle, 78 Cal., 84;

Usselton vs. People, 149 111., 614; Hughes Cr. Law, Sec. 2477. 50 Peltes vs. Com., 126 Mass., 242;

Hughes Cr. Law, Sec. 2480. ;

51 Coats vs. People, 72 111., 304;

State vs. Bogen, 52 Kan., 79.

52 McCarty vs. State, 44 Ind., 214.

53 McCarty vs. State, 44 Ind., 214;

State vs. Buzzell, 59 N. H., 65.