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2 Mart. 277

Macarty's Case

Superior Court of Louisiana

Decided July 1, 1812

Superior Court of Louisiana · decided 1812-07-01

Habeas Corpus. The defendant was originally committed for forgety and swindling, and an escape. The offence being alledged tq have been committed in the part of the territory of Orlean& lately taken possession of by the United States, a rule of court was obtained for his transmission, to St. Francisville.

Cited by 1 later decisions — most recently March 1827

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1812-07-01

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By the Court.

¶1The word escape has a well known legal meaning. Ex vi termini, it implies a previous legal restraint; to inquire into the existence or absence of which, would be to try the prisoner on the merits, in the same manner as, on a commitment for larceny, it would be, to try whether the prisoner was not the lawful owner of the goods stated to have been stolen.

¶2Prisoner remanded.

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