Escape
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
An escape is the deliverance of a person out of prison, who is lawfully imprisoned, before such person is entitled to such deliverance by law. Escapes are either negligent or voluntary, in civil or criminal cases. It is not necessary that the party should be held in actual imprisonnrent within a gaol; if he be in custody of a proper officer he may escape as much as if he were in prison.
3 Bl. Com. 290, 415; 1 Hal. P. C. 590; 2 Hawk. P. C. 134; 4 BI. Com. 180.
The prisoner’s being out of prison for any or the shortest time, is an escape, although he afterwards. return. 2 Bl. Rep. 1048; 1 Rolle’s Abr. 806; and though he has a keeper with him, 3 Co. 44a; Plowd. Com. 37; Hob. 202; 1 Bos. & Pull. 24; 2 Bi. R. 1048.
See also 5 Mass. R. 310; 7 Mass. R. 98; 4 Mass. R. 391; 2 Mass. R. 549; 9 Johns. ’R. 329; 13 Johns. K: 366; 9 Johns. R. 146; 5 Johns. R. 115; 15 Johns. R. 152; 3 Binn. R. 404; 13 Johns. R. 503; 6 Johns. R. 62; 10 Johns. R. 14 Johns. R. 10 Johns. R. 420; 18 Johns. R. 48; Com. Dig. Escape, C; Bac. Abr. Escape; Vin. Abr. Escape.