State v. Dorsett

Voluntary and negligent escapes are made by the Statute distinct offences, created by different sections annexing different punishments. The former may be a felony, the latter can only be a misdemeanor. (Hart. Dig. Art. 549, 551.) The indictment charges that the defendant did “ wilfully and negligently” permit the escape. Wilfully is a word of equivalent, or a broader meaning than voluntarily. It certainly includes it. . If the word wilfully be stricken out of the indictment, it is a good indictment for a negligent escape, under Art. 551, of the Digest; and if, on the other hand; that' word…