One question of law is presented on this appeal: Considered in the light most favorable to the State is the evidence shown in the record sufficient to take the case to the jury on the offense charged against defendant M. H. Potter?

We are of opinion, and hold, that it is.

It is provided by statute in this State, C. S., 4177, that if any person shall become an accessory after the fact to any felony, whether the same be a felony at common law or by virtue of any statute made, or to be made, such person shall be guilty of a felony, and may be indicted and convicted together with the principal felon, or for such felony whether the principal shall or shall not have been previously convicted, and punished as therein prescribed.

*156 By the common law an accessory after tbe fact is one who, knowing that a felony has been committed by another, receives, relieves, comforts, or assists such other, the felon, or in any manner aids him. to escape arrest or punishment. The same definition is applicable to modern statutes.

To constitute a person an accessory after the fact these essentials must appeal: (1) The felony must have been committed. (2) The accused must know that the felony has been committed by the person received, relieved or assisted. (3) The accessory must render assistance to the felon personally. 14 Am. Jur., 836-37, Criminal Law, secs. 102 and 103; 22 C. J. S., 165, 166, 167, Criminal Law, secs. 95, 96, 97; Clark & Marshall’s Treatise on the Law of Crimes, 4th Ed. by Kearney, at p. 218, sec. 175; Wharton’s Criminal Law, Vol. 1, p. 368, secs. 281-282.

It is stated in 14 Am. Jur., 837, Criminal Law, 103, that to be an accessory after the fact one need only aid the criminal to escape arrest and prosecution. It is said that “this rule, however, does not render one an accessory after the fact who, knowing that a crime has been committed, merely fails to give information thereof, nor will the act of a person having knowledge of facts concerning the commission of an offense in falsifying concerning his knowledge ordinarily render him an accessory after the fact. Where, however, the concealment of knowledge of the fact that a crime has been committed, or the giving of false testimony as to the facts is made for the purpose of giving some advantage to the perpetrator of the crime, not on account of fear, and for the fact of the advantage to the accused, the person rendering such aid is an accessory after the fact.”

It is stated in 22 C. J. S., 167, Criminal Law, sec. 97, that “to constitute one an accessory after the fact the aid or assistance must have been rendered with the intention, and for the purpose of enabling the felon to escape detection, arrest or the like.”

In the present case the bill of indictment is sufficiently comprehensive to charge Henry Ward with commission of a felony under either of two statutes, C. S., 4213, as to secret assault, and C. S., 4214, as to assault resulting in serious injury, and the evidence against him is full enough to support a conviction of him upon charge under either of these statutes.

Hence, applying the above principles of law, pertaining to accessory after the fact, to the case in hand, we are of opinion that the facts and circumstances in evidence pertinent to the charge against defendant Potter are amply sufficient to carry the case to the jury, and to support an adverse finding against him as to each of the essentials constituting the offense of accessory after the fact to the felony committed by Henry Ward.

In the judgment below, we find

No error.