¶1The penal code creates two distinct grades of offence of this class; making it a penitentiary offence to aid a prisoner in his escape from the county,jail, or other place of confinement, who is detained for a felony, and a misdemean- or if the prisoner is detained for any other offence, other than a felony, [Clay’s Dig. 429, *§> 16, 17.] An indictment under this statute for the higher offence, must alledge the facts, which on conviction will authorize the court to sentence the prisoner to confinement in the penitentiary. For any thing *237shown in this indictment, the offence may be a mere misdemeanor, and it is a cardinal rule of criminal pleading, that the indictment must alledge every thing necessary to authorize the conviction and judgment of the court. The judgment must therefore be reversed, but the prisoner will remain in custody, until discharged by due course of law.
10 Ala. 236
Kyle v. State
Decided June 15, 1846
Supreme Court of Alabama · decided 1846-06-15
The indictment is as follows: The grand jurors, &c. upon their oaths present, that one Christopher Kyle, late of the county and State aforesaid, did, on the 25th September, 1843, in the county aforesaid, aid and assist one Ellory Neighbors, John Q,.
Cited by 1 later decisions — most recently November 1937
Good law ✅— No negative treatment on recordhow we know
Decided 1846-06-15
View the full empirical analysis of this case →