82 Ga. 535 | Ga. | 1889
We think that rescue takes place where there is no effort on the part of the prisoner to escape, but his deliverance is effected by the intervention of others without his co-operation; whereas, the offence of aiding a prisoner to escape consists in inciting, supporting or reinforcing his exertions in his own behalf tending to the accomplishment of that object. The evidence shows, in all three of these cases, that Wesley Hubert was not merely passive, but was himself making demonstrations and putting forth some effort to effect his escape.
Our conclusion is, that the court did not err in refusing to grant a new trial, in all or any one of the three cases.
Judgment affirmed.