Nall v. State
Supreme Court of Alabama
Ebom tbe Circuit Court of Pike. Tried before tbe Hon. Eobeet Doughebty. The indictment in this case contained but a single count, and charged that tbe defendant, wbo was then the jailor of said county, “ negligently suffered one Daniel ~W\ McKay, in bis custody, charged with murder, to escape.” Tbe defendant pleaded not guilty, and issue was thereon joined.
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Ebom tbe Circuit Court of Pike. Tried before tbe Hon. Eobeet Doughebty. The indictment in this case contained but a single count, and charged that tbe defendant, wbo was then the jailor of said county, “ negligently suffered one Daniel ~W\ McKay, in bis custody, charged with murder, to escape.” Tbe defendant pleaded not guilty, and issue was thereon joined. “On tbe trial,” as the bill of exceptions states, “ tbe State offered as a witness one Henegan, wbo, by appointment of tbe defendant, then tbe sheriff-of said county, was jailor during the year 1856, and wbo testified, that one Daniel W.…
1Opinion of the CourtE. W. Walkee, J.
The charges of the court must be viewed in connection with the evidence which was before the jury. Thus considered, there was no error in *265the instruction that, if “ the defendant discharged the duties of his office as sheriff so negligently that, in consequence of such negligence, the prisoner left the jail, and went into the town of Troy, even though for a few minutes only, and although he did actually return, this was an escape, and the jury must find the defendant guilty.” Roscoe’s Cr. Ev. 414 ; 2 Hawkins’ P. C. ch. 19, §§ 5, 6, 10, 13; Steeve v. Fields, 2 Mason, 486; Colby v. Sampson, 5…
2Cases cited8 opinions
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3Cited by9 opinions
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