Davidson

Heydenfeldt, J., concurred.

*134 This cause was tried in the Court of Sessions, for Placer County, upon an indictment charging the defendants with an assault with intent to commit murder, in the first count of the indictment; and in the second count charging the defendant, Kennedy, with aiding and abetting an assault with intent to commit murder, as an accessory. Upon this indictment, the defendant Davidson, having elected to be tried separately, the jury found him guilty of an “ assault with a deadly weapon, with the intention of committing great bodily injury.”

The indictment in charging Davidson and Kennedy with an assault with an intent to commit murder, and afterwards Kennedy with being an accessory, charges but one offepse. Ttie eleventh section of the Act concerning Crimes and Punishments, makes any person aiding or assisting, or advising and encouraging the perpetration of a crime, a principal, and that he or she shall be punished accordingly. Under the law of this State, the accessory is treated as a principal, and, as if the person charged as such had committed the offense. It is not error to charge the defendant as principal and accessory in the same indictment.

The…