Legal Opinion

Barthelow v. State

Texas Supreme Court

Decided July 1, 1862PublishedCited by 3 opinions

Appeal from Cameron. Tried below before the Hon. S. Powers. Indictment against appellant, Sheriff of Cataeton county, for permitting a prisoner in bis custody to escape. The indictment charged that the defendant did “ unlawfully, voluntarily and injuriously ” permit and allow the prisoner to escape.

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Appeal from Cameron. Tried below before the Hon. S. Powers. Indictment against appellant, Sheriff of Cataeton county, for permitting a prisoner in bis custody to escape. The indictment charged that the defendant did “ unlawfully, voluntarily and injuriously ” permit and allow the prisoner to escape. The defendant asked the court to instruct the jury as follows: “You must be satisfied from the evidence whether or not the defendant as Sheriff of the county did on or about the time charged in the indictment willfully permit the prisoner to escape from the jail of the county. If you find this…

1Opinion of the Court

Wheeler, Ch. J.

The indictment appears to have been framed with the view to charge the defendant with the offence defined in article 314 of the Penal Code:" that is, the offence of having “ willfully ” permitted an escape. That manifestly is the offence of which the defendant was found guilty by the jury. To constitute that offence actual knowledge on the part of the accused is essential. An act cannot be said to be willful, which is not knowingly and intentionally done. It must have been the purpose of the accused to permit the prisoner to escape, or it is not a willful escape within the…

2Cited by3 opinions

  1. Frank v. PitreSupreme Court of Louisiana · 1977
  2. Morris v. StateCourt of Criminal Appeals of Texas · 1922
  3. Tynes v. StateCourt of Appeals of Texas · 1884

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