Vaughan v. State

Citations

• 9 Tex. Ct. App. 563

Syllabus

<p>1. Escape. —The language used in art. 213 of the Penal Code does not, ere vi termini, describe all of the ingredients of the offence of wilfully aiding in the escape of a prisoner from an officer, and an indictment framed under that section, of which the charging part merely copies the language of the Code, will not beheld sufficient.</p> <p>2. Indictment — Escape of Pbisoneb. — An indictment under art. 213 of the Penal Code charged that the defendant “ did unlawfully make an assault upon one H., and did then and there and thereby wilfully aid in the escape of one K. from the custody of said H., the said H. being then and there the sheriff of T. County, State of Texas, and the said K. being then and there a prisoner, and then and there legally held in custody by the said H., sheriff, on an accusation for a felony, to wit, the theft of three steers,” etc. Held, bad. An indictment in such a case, to be sufficient, should allege that the defendant, knowing that the sheriff had the custody of a prisoner, and with intent to aid in the escape of said prisoner, did wilfully make an assault upon the sheriff, describing the character of the assault, and that the assault so made was calculated to effect the escape of the prisoner.</p> <p>3. Construction.— See this case for a discussion of art. 213 of the Penal Code.</p>