November 8, 1937. December 1, 1937. Present: FIELD, DONAHUE, LUMMUS, QUA, DOLAN, JJ. Practice, Criminal, Verdict, Appeal with assignments of error. Accessory. Res Judicata. Evidence, Presumptions and burden of proof. The sentence to be imposed upon an accessory before the fact to "murder" depended upon the degree of murder of which the principal was guilty. The requirement of G.L. (Ter. Ed.) c. 265, ยง 1, that the degree of murder shall be found by the jury, does not apply at the trial of an indictment