In case of a principal and accessary in murder, the principal is attainted upon an indictment at the suit of the King, and outlawed thereupon ; this attainder will not serve in an appeal to arraign the accessary ; the principal ought to be attainted upon an appeal before the accessary shall be arraigned upon an appeal. An attainder, at the King’s suit, at Common Law did not bar an appeal, if it was brought before the attainder; but if brought after the attainder it was otherwise : but now by the stat. H. 7, ch. 1, neither an attainder nor acquittal at the suit of the King bars an appeal for murder, if clergy be not had. Other felonies remain at the Common Law until the appeal is determined.
Citations:
[1220] EngR 610, (1220-1623) Jenk 75, (1220) 145 ER 53 (B)
Links:
Criminal Practice
Updated: 18 May 2022; Ref: scu.461522
