Brian Chism (the defendant) was convicted before the First Judicial District Court, Caddo Parish, of being an accessory after the fact, and was sentenced to three years in Parish Prison, with two and one-half years suspended, and the defendant appealed. The Louisiana Supreme Court affirmed the conviction, vacated the sentence, and remanded the case for resentencing. 

DENNIS, J. 

On the evening of August 26, 1981, in Shreveport, Tony Duke gave the defendant, Brian Chism, a ride in his automobile. Brian Chism was impersonating a female, and Duke was apparently unaware of Chism’s disguise. After a brief visit at a friend’s house, the two stopped to pick up some beer at the residence of Chism’s grandmother.

Chism’s one-legged uncle, Ira Lloyd, joined them, and the three continued on their way, drinking as Duke drove the automobile. When Duke expressed a desire to have sexual relations with Chism, Lloyd announced that he wanted to find his ex-wife Gloria for the same purpose. Shortly after midnight, the trio arrived at the St. Vincent Avenue Church of Christ and persuaded Gloria Lloyd to come outside. As Ira Lloyd stood outside the car attempting to persuade Gloria to come with them, Chism and Duke hugged and kissed on the front seat as Duke sat behind the steering wheel. 

Gloria and Ira Lloyd got into an argument, and Ira stabbed Gloria with a knife several times in the stomach and once in the neck. Gloria’s shouts attracted the attention of two neighbors, who unsuccessfully tried to prevent Ira from pushing Gloria into the front seat of the car alongside Chism and Duke. Ira Lloyd climbed into the front seat also, and Duke drove off. One of the bystanders testified that she could not be sure but she thought she saw Brian’s foot on the accelerator as the car left. 

QUESTIONS 

1. Identify the elements of accessory after the fact according to the Louisiana statute. 

2. List all the facts stated by the Court, and then match them to each of the elements of the statute. 

3. Summarize the Court’s conclusions regarding the evidence of each of the elements. 

4. Do you agree with the Court that Chism is guilty of being an accessory after the fact? Back up your answer with facts in the case. 

5. Summarize the reasons the dissent couldn’t go along with the majority. Do you agree with the dissent? Defend your answer.