Burns v. Brian

Decided November 15, 1842

Court of Appeals of South Carolina · decided 1842-11-15

Before O’Neall, J., at York, Fall Term, 1842. This was an action on the case against the defendant, the former sheriff of York district. Held: and so charged, that the evidence on the part of the plaintiff did not in law make out an escape. cited Bacon’s Abridgment, Title Escape, (D.,) Public Laws, App. sec. 15 ; 2 Brevard Dig. 138, sec. 8. cited 3 Comyn’s Digest, 644, Title Escape; 2 Brevard’s Digest, 160, sec. 84.

Decided 1842-11-15

¶1Curia,per

Wardlaw, J.

¶2Our law provides for the separation of criminal offenders from prisoners confined in jail, but the Act of 1839, as to sheriffs, sec. 26, re-enacting the pre-existing provisions, declares that it shall be an escape, if any sheriff “ shall permit any prisoner to be without the prison walls without lawful authority.” There is nowhere any more precise direction, as to the confinement which debtors imprisoned shall endure; and within this direction, any indulgence which the sheriff, at his own risk, may see fit to extend, seems to consist with the law.

¶3The motion is dismissed.

Richardson, O’Neall, Evans, Earle, and Butler, JJ. concurred.