Escape

From Bodily Harm. The ancient doctrine of the common law that the right of self-defense did not arise until every effort to escape, even to retreating until an impassable wall or something of that nature had been reached, has been supplanted in America by the doctrine that a man, if unlawfully assaulted in a place where he has a right to be, and put in danger, real or reasonably apparent, of losing his life or receiving great bodily harm, is not required to endeavor to escape from his assailant, but may stand his ground, and repel force with force, even to the taking of the life of his assailant, if necessary or in good reason apparently necessary, for the preservation of his own life or to protect himself from receiving great bodily harm. It is not necessary to the right of self-defense that a party having otherwise the right to exercise it, cannot "escape" the danger by fleeing from his assailant.

199 111. 173.

Of Prisoner. The deliverance of a person, who is lawfully imprisoned, out of a prison, before such a person is entitled to such deliverance by law.

5 Mass. 310.

When one who is arrested gains his liberty before he is delivered in due course of law.

107 N. C. 858.

Departure of a prisoner from custody before he is discharged by due process of law. Escape takes place without force; prison breach, with violence; rescue, through the intervention of third parties.

Actual Escapee

Those which take Constructive Escapes. These take place when the prisoner Obtains more liberty than the law allows, although he still remains in confinement.

Bac. Abr. "Escape" (B); Plowd. 17: 5 Mass. 810; 2 Mason (U. S.) 486.

This distinction obtains only as to arrest in civil actions.

Negligent Escape

This takes place when the prisoner goes at large, unlawfully, either because the building or prison in which he is confined is too weak to hold him, or because the keeper, by carelessness, lets him go out of prison.

Voluntary Escape

This takes place when the prisoner has given to him voluntarily any liberty not authorized by law.

5 Mass. 310; 2 N. Chip. (Vt.) 11; 25 N. H. 458.