CHAPTER II. RESCUES. § 101. Rescuing prisoners. § 102. Retaking goods from custody of officer. 101. Every person who rescues or attempts to rescue, or aids another person in rescuing or attempting to rescue, any prisoner from any prison, or from any officer or person having him in lawful custody, is punishable as follows: 1. If such prisoner was in custody upon a conviction of felony punishable with death: by imprisonment in the State prison not less than one nor more than fourteen years. 2. If such prisoner was in custody upon a conviction of any other felony: by imprisonment in the State prison not less than six months, nor more than five years. 3. If such prisoner was in custody upon a charge of felony: by a fine not exceeding one thousand dollars, and imprisonment in the county jail not exceeding two years. 4. If such prisoner was in custody otherwise than upon a charge or conviction of felony: by fine not exceeding five hundred dollars, and imprisonment in the county jail not exceeding six months. Rescue is the violent delivery of a prisoner from lawful custody21 Wend. 509; see 4 Bl. Com. 131; even though the prisoner takes no part in the violence-T. Charlt. 13; see 119 Mass. 217. It must not be from accident, or to avert threatened danger-see 1 Russ. Cr. 9th ed. 594. The imprisonment must be prima facie justifiable-1 Dutch. 209; See 7 Conn. 752. There must be knowledge by the rescuer that the prisoner was under arrest-26 Md. 199. If unsuccessful, it may be indicted as an attempt-15 Me. 100. 102. Every person who willfully injures or destroys, or takes or attempts to take, or assists any person in taking or attempting to take, from the custody of any officer or person, any personal property which such officer or person has in charge under any process of law, is guilty of a misdemeanor. PEN. CODE.-6. § 110. Carrying into prison things useful to aid in an escape. 105. Every prisoner confined in the State prison for a term less than for life, who escapes therefrom, is punishable by imprisonment in the State prison for a term equal in length to the term he was serving at the time of such escape; said second term of imprisonment to commence from the time he would otherwise have been discharged from said prison. [In effect April 16th, 1880.] 106. Every prisoner confined in the State prison for a term less than for life, who attempts to escape from such prison, is guilty of a felony, and, on conviction thereof, the term of imprisonment therefor shall commence from the time such convict would otherwise have been discharged from said prison. [In effect April 16th, 1880.] 107. Every prisoner confined in any other prison than the State prison, who escapes or attempts to escape therefrom, is guilty of a misdemeanor. Escape, what constitutes-see Desty's Crim. Law, § 77 a. 108. Every keeper of a prison, sheriff, deputy sheriff, constable, or jailer, or person employed as a guard, who fraudulently contrives, procures, aids, connives at, or voluntarily permits the escape of any prisoner in custody, is punishable by imprisonment in the State prison not exceeding ten years, and fine not exceeding ten thousand dollars. Permitting escape, liability for-see Desty's Crim. Law, § 80 a. 109. Every person who willfully assists any prisoner confined in any prison, or in the lawful custody of any officer or person, to escape, or in an attempt to escape from such prison or custody, is punishable as provided in section one hundred and eight of this Code. Liability of party aiding escape-see Desty's Crim. Law, § 79 a. 110. Every person who carries or sends into a prison anything useful to aid a prisoner in making his escape, with intent thereby to facilitate the escape of any prisoner confined therein, is punishable as provided in section one hundred and eight of this Code. Conveying articles into jail to aid an escape is a substantive offense -3 Tex. Ct. App. 553; 7 id. 623. Assisting to break prison renders the party assisting an accessory -119 Mass, 297; 15 Me. 100; 9 Johns. 70; Russ & R. C. C.458; 1 Car. & M. 250. So of conveying instruments to enable him to break jail-see 4 Bl. Com. 38: as a crowbar-Law R. 1 C. C. 27; but a wife is not liable if the instrument was procured by his directions-1 Car. & P. 116, note. In a trial for aiding a prisoner to escape, another prisoner escaping by the same means is not a particeps criminis-3 Tex. Ct. App. 533. 111. Whenever a trial shall be had of any person under any of the provisions of sections one hundred and five and one hundred and six of this Code, and whenever a convict in the State prison shall be tried for any crime committed therein, the county clerk of the county where such trial is had shall make out a statement of all the costs incurred by the county for the trial of such case, and of guarding and keeping such convict, properly certified to by a superior judge of said county, which statement shall be sent to the board of State prison directors for their approval; and after such approval, said board shall cause the amount of such costs to be paid out of the money appropriated for the support of the State prison, to the county treasurer of the county where such trial was had. [In effect April 6th, 1880.] CHAPTER IV. FORGING, STEALING, MUTILATING, AND FALSIFYING JUDICIAL AND PUBLIC RECORDS AND DOCUMENTS. § 113. Larceny, destruction, etc., of records by officers, § 114. Larceny, destruction, etc., of records by others. § 117. Falsifying jury lists, etc. 113. Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his hands for any purpose, who is guilty of stealing, willfully destroying, mutilating, defacing, altering or falsifying, removing or secreting the whole or any part of such record, map, book, paper, or proceeding, or who permits any other person so to do, is punishable by imprisonment in the State prison not less than one nor more than fourteen years. Forgery of records.-Prejudice to others is sufficient, even if contingent and remote; erasure or mutilation of a record may be deemed a forgery-27 Iowa, 420; 10 Mass. 34. 114. Every person not an officer such as is referred to in the preceding section, who is guilty of any of the acts specified in that section, is punishable by imprisonment in the State prison not exceeding five years, or in a county jail not exceeding one year, or by a fine not exceeding one hundred dollars, or by both. Erasure or mutilation of a record may be deemed forgery-27 Iowa, 420; 10 Mass. 34; but not to obliterate a receipt from a bond-6 Ired. 79; or an indorsement from a note-1 Aiken, 311; but it is forgery fraudulently to alter the sum in a note- N. H. 455; 15 Ohio St. 455; 20 Iowa, 541; Russ. & R. C. C. 101; 7 Car. & P.669. It is forgery at common law to alter or falsify any judicial or executive record, writ, order, or deposition-2 Mass. 136; 6 Hill, 490; 50 Me. 409; 6 Car. & P. 129; 5 id. 160; 2 East P. C. 862; 2 Sid. 71; but not political documents of no legal effect-30 La. An. 557. See Desty's Crim. Law, tit. FORGERY. 115. Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this State, which instrument, if genuine, might be filed, or registered, or recorded under any law of this State, or of the United States, is guilty of felony. Putting a forged deed on record-27 Mich. 387; 3 Abb. App. Dec. 441. 116. Every person who adds any names to the list of persons selected to serve as jurors for the county, either by placing the same in the jury-box, or otherwise, or extracts any name therefrom, or destroys the jury-box, or any of the pieces of paper containing the names of jurors, or mutilates or defaces such names so that the same cannot be read, or changes such names on the pieces of paper, except in cases allowed by law, is guilty of a felony. [Approved March 30th, in effect July 1st, 1874.] 117. Every officer or person required by law to certify to the list of persons selected as jurors, who maliciously, corruptly, or willfully certifies to a false or incorrect list, or a list containing other names than those selected, or who, being required by law to write down the names placed on the certified lists on separate pieces of paper, does not write down and place in the jury-box the same names that are on the certified list, and no more and no less than are on such lists, is guilty of a felony. |