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in and for the said county, and the said justice then and there examined the said A. B. and one E. F., a witness then and there produced by the said A. B. on oath, and then and there reduced the complaint to writing and caused it to be subscribed and sworn to by the said A. B., in which said complaint it was charged that E. F. had lately (insert statement of the offense as in the complaint,) for which said offense the said L. M. then and there upon the said complaint and examination issued a warrant in due form of law under his hand and seal, directed to all sheriffs, coroners and constables within this state, commanding them forthwith to take the person of the said E. F. and bring him before the said L. M., or, in case of his absence or inability to act, before any other judge or justice of the said county, which said warrant was afterwards, to wit., on the - day of ——, A. D. 18—, at, etc., in the said county, delivered to C. D. then, at the time last aforesaid, one of the constables of the said county, to be by him executed, and that the said C. D. at the time and place last aforesaid, willfully and corruptly did delay, omit and refuse to arrest the said E. F., so charged with the said criminal offense, as he the said C. D., by virtue of his office aforesaid, by law should and ought to have done, contrary to the form of the statute in such case made and provided (conclude as in form on page 35).

$667. Aiding a Prisoner.--"Whoever aids or assists in escaping or attempting to escape from an officer or person who has the lawful custody of such prisoner, shall be confined in the county jail not exceeding one year, or fined not exceeding five hundred dollars.""

STATEMENT OF THE OFFENSE OF AIDING A PRISONER TO ESCAPE.

(Commence as in form on page 35) that C. D., on, etc., at, etc., in the said county, unlawfully and knowingly did aid and assist one E. F., then and there a prisoner, in escaping from the custody of the said A. B., then and there being a sheriff of the said county, the said A. B. then and there as such sheriff having the lawful custody of the said E. F., contrary to the form of the statute in such case made and provided (conclude as in form on page 25).

§ 668. Rescue. "Whoever rescues a prisoner from an offcer or person who has the lawful custody of such prisoner, shall be confined in the county jail not exceeding one year, or fined not exceeding one thousand dollars, or both."

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STATEMENT OF THE OFFENSE OF RESCUING A PRISONER.

(Commence as in form on page 35) that C. D., on, etc., at, etc., in the said county, unlawfully and knowingly did rescue one E. F., then and there being a prisoner, from the custody of the said A. B., the said A. B. then and there being a sheriff of the said county, and then and there as such officer having the lawful custody' of the said E. F., contrary to the form of the statute in such case made and provided (conclude as in form on page 35).

"The two pre

$669. The Preceding Extend to Civil Process. ceding sections shall extend to civil as well as criminal process, but in no case shall the fine exceed the sum for which the civil process issued."

$670. Rescue of Prisoners Charged with High Crime Before Conviction."Whoever sets at liberty or rescues, or attempts to set at liberty or rescue, a person charged with the commission of any capital offense or crime punishable by imprisonment in the penitentiary, before the conviction of such person, shall be imprisoned in the penitentiary not exceeding five years and fined not exceeding one thousand dollars."

STATEMENT OF THE OFFENSE OF SETTING AT LIBERTY A PRISONER CHARGED WITH A HIGH CRIME BEFORE CONVICTION.

(Commence as in form on page 35) that C. D., on, etc., at, etc., in the said county, feloniously and unlawfully did set at liberty one E. F., from the custody of the said A. B., then being sheriff of the said county, the said E. F. then and there being charged with the commission of a capital offense, to wit., of murder, as the said C. D, then and there well knew, and for the said offense was then and there in the lawful custody of the said A. B., as such sheriff as aforesaid, contrary to the form of the statute in such case made and provided (conclude as in form on page 35).

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'An indictment is not defective for omitting to state the process on which the prisoner was held in custody, or the manner or circumstance of the holding. Com. v. Lee, 107 Mass., 207.

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It is not necessary to allege that the defendant knew the person set at liberty was guilty of the alleged offense. Rex v. Bootie, 2 Bur., 864, 2 King, 575.

It is necessary to aver that the party set at liberty was in custody for the offense charged. 1 Russ. on C., 422, 423, 2 Hawks P. C. C., 19, 226; Rex v. Fell, 1 Ld. Raym., 424, 1 Salk., 272.

In an indictment against a constable for an escape it is sufficient to

$671. Rescue of a Prisoner Convicted of High Crime. "Whoever sets at liberty or rescues, or attempts to set at liberty or rescue, any person found guilty or convicted of a crime the punishment of which is death, shall be imprisoned in the penitentiary not less than one nor more than fourteen years. Whoever shall set at liberty or rescue, or attempt to set at liberty or rescue, any prisoner found guilty or convicted of a crime the punishment of which is imprisonment in the penitentiary, shall be imprisoned in the penitentiary not less than one nor more than ten years.'

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STATEMENT OF THE OFFENSE OF RESCUING A PRISONER CONVICTED OF MURDER.

(Commence as in form on page 35) that C. D., on, etc., at, etc., in the said county, feloniously and unlawfully did rescue one E. F. from the custody of the said A. B., then being sheriff of the said county, the said E. F. then and there having been found guilty and convicted, as the said C. D. then and there well knew, of the crime of murder, the punishment of which was death, and for the said crime was then and there in the lawful custody of the said A. B. as such sheriff as aforesaid, contrary to the form of the statute in such case made and provided (conclude as in the form on page 35).

8672. Officer Allowing Before Conviction - "If any sheriff, coroner, jailor, keeper of a prison, constable or other officer or person having any prisoner in his legal custody, before conviction, shall voluntarily suffer or permit such prisoner to escape or go at large, such officer or person so offending shall be fined not exceeding one thousand dollars, and confined in the county jail not exceeding six months: Provided, that if such prisoner be in custody charged with murder or other capital offense, then such officer or person suffering or permitting such escape shall be punished by confinement in the penitentiary for any term not less than one year nor more than ten years. A negligent escape of a person charged with a criminal offense, before conviction, from the custody of any of

allege that the defendant permitted the prisoner to escape and go at large, without alleging in addition that he did escape and go at large. State v. Mayberry, 3 Strob., 144.

'R. S., 364, § 88.

the aforesaid officers, shall be punished by fine not exceeding one thousand dollars."

STATEMENT OF THE OFFENSE OF SUFFERING AN ESCAPE BY A JAILER.

(Commence as in form on page 35) a that C. D., on, etc., at, etc., in the said county, then being jailer of the said county and then and there having one E. F., then a prisoner, in his, the said C. D.'s, legal custody for the offense of murder before conviction therefor, with which said offense the said E. F. was then and there charged, feloniously and voluntarily did suffer and permit the said E. F. to escape and go at large, whithersoever he would, contrary to the form of the statute in such case made and provided (conclude as in form on page 35).

$ 673. Officer Allowing after Conviction. "If any sheriff, deputy sheriff, coroner, jailer, or other officer, shall fraudulently contrive, procure, conceal, aid, connive at or otherwise voluntarily suffer the escape of any convict in his custody, or conceal or assist any convict, after he has escaped, he shall be imprisoned in the penitentiary not less than one nor more than ten years.

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674. Officer of Penitentiary Allowing. "If the warden or any officer, guard, agent, servant of, or person employing convicts in or about, the penitentiary, shall contrive, procure, aid, connive at, conceal or assist the escape of any convict from the penitentiary, or conceal or assist any convict after he has escaped, he shall be imprisoned in the penitentiary not less than one nor more than ten years.'

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STATEMENT OF THE OFFENSE OF SUFFERING AN ESCAPE BY THE WARDEN OF THE PENITENTIARY.

(Commence as in form on page 35) that C. D., on, etc., at, etc., in the said county, then warden of the penitentiary of the said State of Illinois, feloniously and fraudulently did contrive, procure, aid, connive at, conceal and assist the escape of one E. F., then and there being a convict duly commit

1 R. S., 364, § 89.

'An indictment usually sets forth facts sufficient to give the committing magistrate jurisdiction and the commitment or an indictment and commitment. 2 Bish. Cr. P., § 941.

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ted to the said penitentiary for the crime of larceny, from the said penitentiary, and the said E. F. did then and there escape and go at large, contrary to the form of the statute in such case made and provided (conclude as in form on page 35).

$675. Aiding Escape. - "Whoever conveys into the penitentiary, or into any jail or other place of confinement, any disguise, instrument, tool, weapon, or other thing adapted or useful to aid a prisoner in making his escape, with the intent to facilitate the escape of any prisoner there lawfully committed or detained, or by any means whatever aids or assists such prisoner to escape therefrom, whether such escape is effected or attempted or not, or conceals or assists any convict after he has escaped, shall be confined in the county jail not exceeding one year, or fined not exceeding one thousand dollars, or both."

STATEMENT OF THE OFFENSE OF CONVEYING A DISGUISE TO A PRISONER.

(Commence as in form on page 35) that C. D., on, etc., at, etc., in the said county, unlawfully and knowingly did convey into the county jail of the said county and deliver to one E. F. a certain disguise, to wit., a woman's apparel then and there adapted and useful to aid a prisoner to make his escape, with intent to facilitate the escape of the said E. F., then and there a prisoner in the said jail, lawfully committed and detained, contrary to the form of the statute in such case made and provided (conclude as in form on page 35).

8676. What an Escape. - An escape is where one who is arrested gains his liberty before he is delivered by the course of law.2 Where the liberation is effected either by himself or others without force, it is more properly called an escape; where it is effected by the party himself with force it is called prison-breaking; and where it is effected by others with force it is commonly called a rescue. To constitute an escape there must be an actual arrest and a legal and continuing imprisonment; and therefore it has been held that if an officer hav

1 R. S., 365, §92.

Colby v. Sampson, 5 Mass., 310; Lowry v. Barnes, 2 Chapman, 11.

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2 Arch. C. P. & Pl., 1074.

42 Bish. Cr. L. § 1094.

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