"The assistance or harboring rendered must be for the purpose of enabling the principal felon to escape detection or arrest." State v. Legette, 285 S.C. 465, 330 S.E.2d 293, 294 (1985) (citations omitted). Resp't's Br. at 13; Resp't's Suppl.
The knowledge element is critical because the State bears the burden of proving Hooks's assistance was for the purpose of enabling the principal to avoid detection or arrest. State v. Legette, 285 S.C. 465, 330 S.E.2d 293 (1985). Such assistance is only illegal if Hooks had knowledge of the principal's prior actions. Unless the State can prove Hooks knew he was helping a murderer avoid arrest he could not be guilty of accessory after the fact of murder.
Before an accused may be found guilty of being an accessory after the fact to a felony, the following elements must exist: (1) the felony has been completed; (2) the accused must have knowledge that the principal committed the felony; and (3) the accused must harbor or assist the principal felon. State v. Legette, 285 S.C. 465, 466, 330 S.E.2d 293, 294 (1985). “The assistance or harboring rendered must be for the purpose of enabling the principal felon to escape detection or arrest.”
Before an accused may be found guilty of being an accessory after the fact to a felony, the following elements must exist: (1) the felony has been completed; (2) the accused must have knowledge that the principal committed the felony; and (3) the accused must harbor or assist the principal felon. State v. Legette, 285 S.C. 465, 466, 330 S.E.2d 293, 294 (1985). "The assistance or harboring rendered must be for the purpose of enabling the principal felon to escape detection or arrest."