State v. Magliano

In Fabian v. State, 3 Md. App. 270, 274-279, we examined the common law crime of escape, traced the history of the Maryland statutes proscribing escape and reviewed decisions of the Court of Appeals on the subject. We observed that, as developed in the common law, escape was of three kinds:

“1. By the person that hath the felon in his custody, and this is properly an escape; and 2. When the escape is caused by a stranger, and this is ordinarily called a rescue of a felon. 3. By the party himself, which is of two kinds, viz. 1. Without any act of force, and this is a simple escape. 2. With an…