Holland v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Clay County. Hon. J. M. Aenold, Judge. George Holland was indicted for aiding prisoners charged with felony, to escape from the county jail of Clay County.
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Appeal from the Circuit Court of Clay County. Hon. J. M. Aenold, Judge. George Holland was indicted for aiding prisoners charged with felony, to escape from the county jail of Clay County. The indictment is as follows: “The grand jurors of the State of Mississippi, elected, empanelled, sworn and charged to inquire in and for the body of the county of Clay, upon their oaths present, that on the 2d day of March, A. D. 1883, in said county, one Aleck Smith was then and there lawfully detained as a prisoner in the county jail of said county on a charge of grand larceny ; also one Daniel Kennedy…
1Opinion of the CourtCampbell, J.
Section 2791 of the Code of 1880 does not require that the person whose escape is intended to be facilitated must be guilty of felon3r or known or believed to be by the person doing what it forbids in order to render such person liable to its penalty. It makes guilt to consist in the effort to aid to escape from prison one who is lawfully there on a charge of any felony. Only legal methods of escape from legal detention must be employed, and he who provides means of escape from prison for one lawfully held for a felony is himself declared by the statute a felon, without regard to the guilt or…
2Cited by4 opinions
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- Wilcher v. StateMississippi Supreme Court · 1928
- Donald Wilson v. State of MississippiMississippi Supreme Court · 2003
- Wooten v. StateMississippi Supreme Court · 1929