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" Edward II., which enacts that a prisoner who breaks prison shall be guilty of felony, does not extend to a prisoner who breaks out when the prison is on fire, ' for he is not to be hanged because he would not stay to be burnt. "
The Central Law Journal - Side 354
1921
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Official Opinions of the Attorneys General of the United States ..., Volum 9

United States. Attorney-General - 1866 - 584 sider
...but a prisoner who forced his way out when the jail was on fire did not come within that law ; he was not to be hanged because he would not stay to be burnt. This was not the result of that strict interpretation which is given to penal statutes so as to favor...
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Cases Decided in the United States Court of Claims ... with ..., Volum 149

United States. Court of Claims, Audrey Bernhardt - 1962 - 964 sider
...street in a fit. The same common sense accepts the ruling, cited by Plowden, that the statute of 1st Edward II, which enacts that a prisoner who breaks...be hanged because he would not stay to be burnt." And we think that a like common sense will sanction the ruling we make, that the act of Congress which...
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United States Reports: Cases Argued and Adjudged in the Supreme ..., Volum 7

United States. Supreme Court - 1869 - 802 sider
...street in a fit. The same common sense accepts the ruling, cited by Plowden, that the statute of 1st Edward II, which enacts that a prisoner who breaks...be hanged because he would not stay to be burnt." And we think that a like common sense will sanction the ruling we make, that the act of Congress which...
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United States Reports: Cases Adjudged in the Supreme Court, Volum 74

United States. Supreme Court - 1870 - 800 sider
...be guilty of felony, does not extend to a prisoner who breaks out when the prison is on tire — " for he is not to be hanged because he would not stay to be burnt." And we think that a like common sense will sanction the ruling we make, that the act of Congress which...
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Curiosities of the Law Reporters

Franklin Fiske Heard - 1871 - 234 sider
...a prisoner who breaks prison is guilty of felony ; but if the prison be on fire, this is not so, " for he is not to be hanged because he would not stay to be burnt." * 1 2 Saund. 305 c. 6th ed. 8 Tit. Toll, last case of the title. STYLE, the reporter, from his own...
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The Canada Law Journal, Volum 9

1873 - 410 sider
...a prisoner who breaks prison is guilty of felony ; but if the prison be on fire, this is not so, " for he is not to be hanged because he would not stay to be burnt." The judgment in a very recent leading case, in the Court of Exchequer Chamber, concludes thus terse' ly...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumer 63-64

1895 - 2084 sider
...that it did not apply to one breaking out when the prison was on fire, observing that the prisoner was 'not to be hanged because he would not stay to be burnt.' And, in illustration of this doctrine, the construction given to the Bolognian law against drawing...
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Forensic anecdotes; or, Humour and curiosities of the law. By Jacob Larwood

Herman Diederik J. van Schevichaven - 1882 - 354 sider
...a prisoner who breaks prison is guilty of felony ; but if the prison be on fire, this is not so, " for he is not to be hanged because he would not stay to be burnt." * The form of a denial or traverse : absque hoc quod, etc. AN INDICTMENT QUASHED. flRADOCK relates in his...
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Reports of Cases Decided in the Circuit and District Courts of the ..., Volum 7

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1882 - 902 sider
...it did not apply to one breaking out when the prison was on fire, observing that the prisoner was " not to be hanged because he would not stay to be burnt." And in illustration of this doctrine, the construction given to the Bolognian law against drawing blood...
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The Ohio Law Journal, Volum 3

1883 - 818 sider
...that it did not apply to one breaking out when the prison was on fire, observing that the prisoner was "not to be hanged because he would not stay to be burnt." And in illustration of this doctrine the construction given to the Bolognian law against drawing blood...
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