State v. Legette

4 Citing cases

  1. Flores v. Attorney Gen. U.S.

    856 F.3d 280 (3d Cir. 2017)   Cited 20 times
    Holding that South Carolina accessory "is not ‘related to obstruction of justice’ " because "there are infinite actions a defendant may undertake with the intent to aid the principal after the commission of a crime, but before the commencement of judicial proceedings, none of which would constitute a [generic] violation"

    "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.

  2. Hooks v. State

    353 S.C. 48 (S.C. 2003)   Cited 6 times

    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.

  3. State v. Blakely

    402 S.C. 650 (S.C. Ct. App. 2013)   Cited 8 times
    Observing that only a prosecutor "has discretion in choosing how to proceed with a case, including whether to prosecute in the first place"

    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.”

  4. State v. Blakely

    Appellate Case No. 2011-196627 (S.C. Ct. App. Apr. 10, 2013)

    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."