OUJI-CR 2-4

ACCESSORY - DEFINITIONS

Aid - Render overt personal assistance.

References: Wilson v. State, 552 P.2d 1404 (Okl. Cr. 1976); Farmer v. State, 56 Okl. Cr. 380, 40 P.2d 693 (1935).

Conceal - Hide or secrete to prevent discovery.

References: Brewer v. State, 554 P.2d 18 (Okl. Cr. 1976); Black's Law Dictionary 261 (5th ed. 1979).

Knowledge - Personal awareness of the facts.

Reference: 21 O.S. 1991, § 96.

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Statutory Authority: 21 O.S. 1991, §§ 173, 174.

Committee Comments

With respect to the offense of accessory to a felony, such offense is not a lesser included offense of the principal crime. An individual becomes an accessory under Oklahoma statutory provisions only when that individual becomes associated with the offender and his fate subsequent to the commission of the original offense. One who participates either prior to or during the commission of the offense is liable as a principal. Wilson v. State, 552 P.2d 1404 (Okl. Cr. 1976); Vann v. State, 21 Okl. Cr. 298, 207 P. 102 (1922).

Since the prior commission of a felony by the offender who is aided or concealed is an element of the crime of being an accessory, an instruction concerning the elements of the underlying felony must be given in every case.

These instructions are similar to instructions approved by the Court of Criminal Appeals. See, e.g., Harwood v. State, 543 P.2d 761 (Okl. Cr. 1975); Thompson v. State, 6 Okl. Cr. 50, 117 P. 216 (1911); Drury v. Territory, 9 Okl. 398, 60 P. 101 (1900).