Rose v. State

This was a prosecution against the appellant for rescuing a prisoner from the custody of the sheriff of Owen county.

*168The information charges, that on the 22d day October, 1868, one Samuel McBride filed an affidavit, charging James Rose and Dennis Rose with an assault and battery on the person of said affiant; that an information was filed and a writ issued thereon, directed to the sheriff of said county, to be by him executed; that on the same day, said sheriff’, Isaac S. Lucas, did ai’rest said James Rose on said writ. The information then charges, that while said James Rose was in the lawful…