Trull v. Wilson
Massachusetts Supreme Judicial Court
This was also an action of debt, on a bond given by Wilson, a nrisoner in execution, at the suit of the plaintiff and his sureties.
Read the full summary
This was also an action of debt, on a bond given by Wilson, a nrisoner in execution, at the suit of the plaintiff and his sureties. Issue being taken on the question of escape, a trial was had before Thatcher, J., and the facts proved were materially like those agreed in the preceding case of Patterson vs. Philbroolc fy Al., with this exception, that Wilson was proved to have been in a dwelling-house, which was private property, and not appurtenant to the jail, but within the external limits of the jail-yard, after sun-setting, and before daylight was gone. The judge instructed the jury that…
1Opinion of the Court
By the Court.
Since the decision in the last case, the only question to be determined in this action is, whether the defendants are chargeable, on their bond, on account of the time of the prisoner Wilson’s being in a private house.
By the statute of 1784, c. 41, § 9, prisoners having given bond, &c., are to have “ the liberty of the yard within the prison in the daytime.” The expression of daytime, here used, has always been construed to mean that portion of the twenty-four hours in which a man’s person and countenance are distinguishable. In this case, the daylight was not gone, and of…
2Cited by6 opinions
- United States v. CallahanDistrict Court, M.D. Pennsylvania · 1927
- Davis v. StateSupreme Judicial Court of Maine · 1973
- Moore v. United StatesCourt of Appeals for the Fifth Circuit · 1932
- Hardin v. McCanseSupreme Court of Missouri · 1873
- Inhabitants of Manchester v. Inhabitants of BostonMassachusetts Supreme Judicial Court · 1819
1 more not listed; retrieve them via the Exa API.