Kentucky Revised Statutes
Ky. Rev. Stat. § 431.160 (2026)
Repealed, effective January 1, 1975
✓ current as of May 2026
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Catchline at repeal: Accessory before the fact -- How punishable. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1128.
Notes of Decisions
Cited in 10
cases, 1943–1974 · leading case: Allee v. Commonwealth, 454 S.W.2d 336 (Ky. Ct. App. 1970).
Allee v. Commonwealth, 454 S.W.2d 336 (Ky. Ct. App. 1970). “KRS 431.160 concerning “Crimes and Punishments” states: “ * * * Except as otherwise provided by law, accessories before the fact to any felony shall be liable to the same punishment as a principal * * * Green fails to show that he was prejudiced, or that he made any effort below…”
Brown v. Commonwealth, 440 S.W.2d 520 (Ky. Ct. App. 1969). “Jane Brown has been found guilty by a jury of being an accessory before the fact (KRS 431.160) to the crime of abortion (KRS 436.”
Mouser v. Commonwealth, 491 S.W.2d 821 (Ky. Ct. App. 1973). “Without going into the distinction of conspirators, aiders and abettors, accessories before the fact, and accessories after the fact, an acceptable test as to whether Priddy was an accomplice is whether he could have been convicted as a principal, aider and abettor, or accessory…”
Creech v. Commonwealth, 412 S.W.2d 245 (Ky. Ct. App. 1967). “KRS 431.160; 433.150. The jury’s verdict fixed his punishment at imprisonment for 21 years.”
Sams v. Commonwealth, 171 S.W.2d 989 (Ky. Ct. App. 1943). “KRS 431.160, formerly Sec. 1128, Ky.. Stats.”
Commonwealth v. Hillebrand, 508 S.W.2d 566 (Ky. Ct. App. 1974). “350 for accepting a bribe; and Appellee Douglas Lee Powers was indicted under KRS 431.160 for having been an accessory before the fact of accepting a bribe.”
Hartman v. Commonwealth, 282 S.W.2d 48 (Ky. Ct. App. 1955). “Coming now to ground (3), which appellant relies upon, we have examined the testimony which appellant sought to introduce and.”
Stacy v. Commonwealth, 192 S.W.2d 94 (Ky. Ct. App. 1946). “2d 745 , which practice is expressly authorized by KRS 431.160. The Commonwealth in its brief in this case frankly admits that the error herein relied on — as above outlined — is a substantial one for which a reversal is authorized, citing as an additional authority the case of…”
Murphy v. Commonwealth, 279 S.W.2d 767 (Ky. Ct. App. 1955). “Perhaps allusion should be made to KRS 431.160 which provides that accessories before the fact to any felony shall be liable to the same punishment as a principal, and may be prosecuted jointly with the principal or severally, though the principal is' not taken and tried.”
Watts v. Commonwealth, 272 S.W.2d 475 (Ky. Ct. App. 1954). “2d 745 ; KRS 431.160. But where the accused is the only one charged as principal in the commission of the offense, no instruction may be given on aiding and abetting alone.”
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