State v. Howard
Supreme Court of Connecticut
This was an information at common law, filed by the state’s attorney, in the superior court, alleging, That Howard, being lawfully in the custody of Ebenezer Smith, a constable, by virtue of a warrant for a breach of the peace, and required to give bond with surety for his appearance before the county court “with force and arms, did feloniously break away and escape from and out of the custody of him, the said Ebenezer Smith, constable as aforesaid, and against the peace ;…
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This was an information at common law, filed by the state’s attorney, in the superior court, alleging, That Howard, being lawfully in the custody of Ebenezer Smith, a constable, by virtue of a warrant for a breach of the peace, and required to give bond with surety for his appearance before the county court “with force and arms, did feloniously break away and escape from and out of the custody of him, the said Ebenezer Smith, constable as aforesaid, and against the peace ; which doings of the said Howard are of evil example, and a high crime and misdemeanour.” To this information there was a…
1Opinion of the CourtPeters, J.
The only question for us to decide is, whether the escape alleged is a high crime and misdemeanour. The case is not distinguishable from The State v. Knapp, ante, p. 415. wherein it was decided, that in analogy to other crimes by statute made cognizable by the superior court, high crimes and misdemeanours are nearly allied and equal in guilt to those other crimes.
To rescue a prisoner, or effect his escape, is to become ac-cessary to his guilt. 4 Bla. Comm. 131. 2 Swift’s Dig. 377. And by statute (til. 22. s. 50.) to resist or abuse a sheriff, or constable, in the execution of his office, is a…
2Cited by1 opinion
- State v. DoudSupreme Court of Connecticut · 1829