 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 - Page 3541921Full view - About this book
 | United States. Attorney-General - Attorneys general's opinions - 1866 - 584 pages
...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... | |
 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1962 - 964 pages
...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... | |
 | United States. Supreme Court - Law reports, digests, etc - 1869 - 802 pages
...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... | |
 | United States. Supreme Court - Courts - 1870 - 800 pages
...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... | |
 | Franklin Fiske Heard - Curiosities of the law - 1871 - 234 pages
...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... | |
 | Law - 1873 - 410 pages
...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... | |
 | Law reports, digests, etc - 1895 - 2084 pages
...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... | |
 | Herman Diederik J. van Schevichaven - 1882 - 354 pages
...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... | |
 | Law - 1883 - 818 pages
...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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