Macarty's Case

2 Mart. 277 | Superior Court of Louisiana | 1812

By the Court.

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.