State v. . Ritchie

12 S.E. 251, 107 N.C. 857

Opinion

Clark, J.:

An escape is defined — “.when one who is arrested gains his liberty before he is delivered in due course of law.” 1 Russ. Crimes., 467. And by another eminent authority, tersely, as “the departure of a prisoner from custody.” 2 Whart. Or. L., § 2606.

These definitions are cited and approved by SMITH, C. J., in State v. Johnson, 94 N. C., 924.

The indictment charges, in proper and sufficient terms, that the prisoner was arrested by the defendant by authority of a warrant for bastardy, and that the defendant subsequently unlawfully and negligently permitted the prisoner to escape. The warrant for bastardy was legal and sufficient authority to arrest such prisoner. The Code, § 32; State v. Palin, 63 N. C., 471; State v. Green, 71 N. C., 172. The .indictment was, therefore, valid at common, law, as may be seen from above citations. This renders it unnecessary to consider whether the indictment was not also sufficient under the statute (The Code, § 1022). The motion to quash was improvidently allowed.

Error.