Macarty's Case
2 Mart. 277
Opinion
The word escape has a well known legal meaning. Ex vi termini, it implies a previous legal restraint; to inquire into the existence or absence of which, would be to try the prisoner on the merits, in the same manner as, on a commitment for larceny, it would be, to try whether the prisoner was not the lawful owner of the goods stated to have been stolen.
Prisoner remanded.
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Macarty's Case, 2 Mart. 277 (La. Super. Ct. 1812).
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