The law recognizes no difference between the offence of principals in the first and principals in the second degree. And so immaterial is the distinction considered in practice that, if a man be indicted as prin cipal in the first degree, proof that he was present aiding and abetting another in com mitting the offence, although his was not the hand which actually did it, will sup port the indictment; and if he be indicted as principal in the second degree, proof that he was not only present, hut committed the offence with his own hand, will support the indictment. So, when an offence is punish able by a statute which makes no mention of principals in the second degree, such prin cipals are within the meaning of the statute as much as the parties who actually commit the offence; 1 Archb. Cr. L. 66. See State v. Anderson, 89 Mo. 312, 1 W. 135.
In treason, and in offences below felony, and in all felonies in which the punishment of principals in the first degree and of prin cipals in the second degree is the same, the indictment may charge all who are present and abet the fact as principals in the first degree, provided the offence permits of a participation, or specially, as aiders and abettors ; Archb. Cr. Pl. 7; Com. v. Chap
man, 11 Cush. (Mass.) 422; 1 C. & M. 187. But where by particular statutes the pun ishment is different, then principals in the second degree must be indicted specially as alders and abettors; Archb. Cr. Pl. 7. If in dicted as aiders and abettors, an indict ment charging that A gave the mortal blow, and that B, C, and D were present aiding and abetting, will be sustained by evidence that B gave the blow, and that A, C, and D were present aiding and abetting; and even if it appears that the act was committed by a person not named in the indictment, the alders and abettors may, nevertheless, be convicted; Dougl. 207; 1 East, Pl. Cr. 350. And the same though the jury say that they are not satisfied which gave the blow, if they are satisfied that one of them did, and that the others were present aiding and abetting; 1 Den. Cr. Cas. 52; 2 C. & K. 382.
See ACCESSARY; ACCOMPLICE; PRINCIPAL AND AGENT.