Escape

7 1, n. (1) Flight from custody, of a person under lawful arrest. * Cohens v. Virginia, ante, 2 Slaughter-House Cases, 10 Wall. 290 (1869), cases; Kountz V. Omaha Hotfel Co., 107 U. S. 381-85 (1882); Murdock v. City of Memphis, 20 Wall. 621 (1876).

3 6 Wheat. 409-11, ante; 20 How. 437; 16 Wall. 363, 386; 100U. S. 690. < Pontius V. Nesbit, 40 Pa. 310 (1861). » Burkholder v. Stahl, 68 Pa. 376 (1868), Thompson, C. J.; Bragg v. Danielson, 141 Mass. 195 (1886). • 4 Bl. Com. 391; 4 Burr. 2550. See also 3 Ball. 327; 7 Cranch, 111; 61 Ala. 484; 3 Col. 293; 6 Fla. 289; 13 Ga. 148; 20 id.

535; 1 Wash. T. 319. 'F. escaper, to slip out of one's cape: L. excappa,— (2) Allowing any person lawfully in conflnement to leave ihe place, i Actual escape.

Complete corporal freedom

Constructive escape. Any unauthorized relaxation of custody.

Neg Kgent escape

Effected without the keeper's knowledge or consent.

Voluntary escape

Expressly consented to by the keeper. 2 Any liberty given for the briefest period, and not sanctioned by law, is tin escape. But the court must have had jurisdiction, the process have been regular,.and the place and time proper. At common law an escape is a misdemeanor in the prisoner; and, if the offense is a felony, a volmitary escape is a like felony, and a negligent escape is a misdemeanor, in the officer. An escape resulting from an act of God or of the public enemy will be excused.^ Formerly, when imprisonment was the only mode to enforce satisfaction of a judgment for money, to permit an escape was to lose the amount of the debt. Hence, on an escape, the sheriff was held for the whole debt.* An officer of the United States who voluntarily suffers a prisoner in custody under the law of the United States to escape shall be fined not more than two thousand dollars or imprisoned not more than two years, or both.* 3, V. To be passed by unobserved; to be overlooked. " To escape taxation " does not mean tb be taxed insufficiently, but to have avoided notice, to be passed unobserved, to have evaded taxation.* 3, n. Means of retreat.

See Defekse, 1; Fire, Escape.