To prove the defendant guilty of being an accessory before the fact to a felony, the Commonwealth must prove three things beyond a reasonable doubt:
- Someone Other than the Defendant Committed a Felony.
- The Commonwealth must prove beyond a reasonable doubt that the principal person whom the defendant is accused of aiding, did in fact commit that felony.
- The Defendant Was an Accessory to that Felony.
- The Commonwealth must prove that this defendant counseled, or hired, or otherwise procured or encouraged or assisted that person in committing the felony. This requires a greater involvement than merely knowing about the crime, but it does not require that the defendant physically took part in the crime itself.
- Similiar Intent
- The Commonwealth must prove that the defendant had the same intent that the principal person is required to have had to be found guilty. The defendant must not only have had knowledge of what was being planned; but must also have intended to be part of it.