Holland v. StateHolland v. State
delivered the opinion of the court.
Section 2791 of the Code of 1880 does not require that the person whose escape is intended to be facilitated must be guilty of felon3r or known or believed to bе by the person doing what it forbids in order to render such person liable to its penаlty. It makes guilt to consist in the effort to aid to escape from prison one whо is lawfully there on a charge of any felony. Only legal methods of escapе from legal detention must be employеd, and he who provides means of esсape from prison for one lawfully held for a felony is himself declared by the stаtute a felon, without regard to the guilt or innоcence of the prisoner whose escape is sought to be promоted. All that is necessary to constitute guilt undеr this statute is that one is lawfully in some place of legal confinement for a fеlony, and that another shall convey intо such place something proper or useful to a prisoner in his escape with intent thereby to facilitate the еscape of any such prisoner.
A сareful examination of the several grounds of the motion to quash the indictment has satisfied us that it was rightly overruled.
The same is true of the motion in arrest of judgment. The allegation of time is unimportant. Code 1880, sect. 3013. The indictment was marked “ filed,” and this entry was dated and signed by the clerk, as provided by sеct. 3006 of the Code, and this was the legal evidence of the finding and presenting to the court of the indictment. The criticism of the indictment by counsel, because, aсcording to its averment, it was presented the 2d March, when court was not iu session, is met by the fact that the legal evidencе of the finding and presenting to the court of the indictment shows that it was on the 21st of March; and, looking through the l'ecord, it is manifest that the words in the indictment on which the criticism is fоunded were erroneously employed in connection with the allegation of the presentment by the graud jury instead of аfter the names; of the accused. They were merely misplaced, and this did not make the indictment bad.
Judgment affirmed.