Where an accused person is charged with being an accessory before the fact to a felony and is proved to have been a principal, he may not be convicted of being either accessory or principal and should be acquitted (page 149, lines 11-15; page 149, line 40-page 150, line 1)

To qualify as an accessory before the fact to a felony, a person must be absent at the time the crime is committed and the act must be done in consequence of some counselling or procurement of his (page 150,
lines 1-4).