¶1A breach of prison by a person in gaol on a charge of felony, is itself a felony above the degree of petit larceny, and punishable by imprisonment in the state prison, for a period not exceeding 14 years. The court sentence the prisoner to an imprisonment in the state prison for four years.
3 Johns. 449
People v. Duell
Decided August 15, 1808
New York Supreme Court · decided 1808-08-15
THE prisoner was convicted at the last oyer and terminer, in the county of Saratoga, of breaking the gaol, in which he was confined for petit larceny, under a sentence of the general sessions of the peace, and enabling another prisoner also to escape, who was in prison on a 1 1 * charge of felony. . The prisoner was brought up on a habeas corpus, to receive the sentence of the court.
Decided 1808-08-15