
    Harty v. The State, in Error.
    INDICTMENT. The first count, after stating that A. B. had committed larceny, at, &c. on, &c., charged the defendant with then and there aiding and abetting A. B., &cc, The second count charged the defendant as an accessory to the larceny before the fact. Plea, not guilty. Verdict and judgment against the defendant.
    
      Held, 1. That the want of an averment in the indictment, that the principal had been convicted, was no ground for arresting the judgment. 2. That an accessory must be tried after the conviction of the principal, or be tried with him. 3. That if the record do not show but that the principal had been convicted before the trial of an accessory, there is no ground for the latter to object, in an appellate Court, that there had been no such conviction.
   The judgment was affirmed with costs.  