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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 217   View pdf image (33K)
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15 E. 2, ATTORNEYS. 217
The party may be arraigned for prison breaking before he is convicted
of the crime for which he was imprisoned, 2 Hawk. P. C. 127. If he has
been acquitted of the felony for which he was imprisoned, he is not after-
wards to be indicted for the prison breach, and on the other hand if he be
indicted for the latter, and is afterwards acquitted of the principal felony,
he may plead this acquittal in bar to the indictment for breaking prison,
1 Hale P. C. 612.
The indictment to bring the prisoner within the Statute must set out
his case so as to show that he was lawfully in prison and for a felony, 2
Hawk. P. C. supra. And it is not enough to say generally that such a per-
son "feloniously broke prison," but as Lord Coke says, 2 Inst. 591, the in-
dictment ought to rehearse the specialty of the matter, that he being im-
prisoned for such and such a felony broke the prison, &c.
Prison-breaking is a common law felony, and punishable as such, see R.
v. Haswell supra. By the Act of 1809, ch. 138, sec. 32, any offender, sen-
tenced to the penitentiary, escaping from it, shall on conviction suffer such
additional confinement and hard labor, and such corporal punishment not
extending to life or limb, as the Court, &c., shall direct, and by the suc-
ceeding Section, any keeper or other person wilfully aiding therein
shall be confined in the penitentiary for not more than fifteen years.
* These Sections are substantially re-enacted in the Code, Art. 30, sec. 160
51,2 but the part relating to corporal punishment is omitted, and the time
of confinement of aiders in such escape is made not less than eighteen
months nor more than ten years.
The rescue of or forcibly freeing another from arrest or imprisonment
is in most instances of the same nature as the offence of prison-breaking.
THE STATUTE
OF CARLISLE.
Made Anno 15 Edw. H, and A.D. 1322.
The Conusor of a Fine shall come personally before the Justices.
Where a Commission shall be awarded to take a Fine. Who may
admit Atturneys.
The first part of this Statute relates to Fines, and is not in force.
(5) And we will not that any of our Barons of the Ex-
chequer, or our Justices, shall admit any Atturneys, but only
in Pleas that pass afore them in the Benches, and in Places

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 217   View pdf image (33K)
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