Rescue Obstructing legal process-Failure to assist in serving process. sert the affidavit], and the said A. B. was then and there duly sworn to said affidavit before said justice, and then and there subscribed the same; and the said C. D. then and there issued his certain warrant under his hand and seal, as such justice of the peace, in the words and figures following, to-wit, [here insert the warrant], and then and there delivered the same, to be executed, to one E. F., who was then and there, and is now, one of the constables within and for the township of, in said county; and the said E. F., as such constable, afterward and by virtue of said warrant, to-wit, on the day and year aforesaid, at the county aforesaid, duly arrested the said G. H., named in said warrant, and took him into custody, and was then and there forthwith duly and lawfully proceeding to bring him before the said C. D., pursuant to the command of said warrant; and afterward and while the said G. H. was so in lawful custody, as aforesaid, one K. L., then and there knowing the said G. H. to be lawfully under arrest, as aforesaid, unlawfully, in and upon the said E. F. did make an assault, and him, the said E. F., did then and there unlawfully touch, strike and beat, and then and there and thereby, well knowing the said G. H. to be lawfully under arrest and in the custody of the said E. F. as aforesaid, unlawfully and forcibly did free the said G. H. from said legal arrest, and then and there unlawfully and forcibly did rescue and put the said G. H. at large, to go whithersoever he would. Bicknell's Crim Pr. 434. 3. Failing to assist in serving process. That on the day of in the year at said county, one A. B. was a justice of the peace within and for said county, and then and there made his certain warrant, under his hand and seal as such justice, and then and there issued and delivered the same to one C. D., who was then and there one of the constables of township, in said county, to be by him executed according to law, which said warrant was in the words and figures following, to-wit, [here insert an exact copy of the warrant], and that the said C. D., constable as aforesaid, afterward, to-wit, on the day and year aforesaid, at said county, by virtue of the said warrant, duly arrested the said E. F., named in said warrant, and took him into lawful custody, pursuant to the command of said warrant, and that afterward, and while the said E. F. was in the lawful custody, as aforesaid, of the said C. D., to-wit, on the day and year last aforesaid, and at the county aforesaid, he, the said E. F., then and there unlawfully attempted to escape from said custody, and that, thereupon, one G. H. was then and there present, and was informed then and there that the said C. D. was such constable, as aforesaid, and had the said E. F. in lawful custody, as aforesaid, and was then and there required by the said C. D. to assist him in the execution of his said office of constable, as aforesaid, to prevent the said E. F. from escaping from the lawful custody aforesaid, and that said G. H., then and there, without showing or having any valid excuse for not obeying said requirement of the said C. D., unlawfully refused and failed to obey said requirement, and then and there would not and did not assist said C. D. in the execution of his said office, pursuant to said requirement, he the said G. H. then and there not having or showing a valid cause or excuse for not obeying said requirement, by reason whereof, the said E. F. then and there unlawfully escaped from the lawful custody aforesaid. Bicknell's. Crim. Pr. 435, 436. FORM AND CONTENTS. Obstructing legal process.-An information alleged that the officer arrested, upon a warrant, one F., who was charged with larceny, but it alleges that while making the arrest, one G., then and there knowing the officer had a warrant for F., and was endeavoring to arrest him, did assault, beat, and resist the officer while executing the process. Held, sufficient. 21 Ind. 474. Nature of obstruction.-That the obstruction was not sufficient to prevent the arrest does not render the obstruction innocent. Ibid. Same-What indictment must show.-An indictment for obstructing the execution of a search warrant must show the warrant to be legal; and it must, therefore, show that the warrant appeared upon its face to be founded on a sufficient affidavit. 6 Blackf. 344. Failing to assist in serving process.-A person acting as a special constable to execute a warrant is authorized to command assistance, in case of opposition. 2 Blackf. 127. Same-Indictment.-The refusal, without a sufficient excuse, to assist a constable in preventing the escape of a person in his custody is an indictable offense. The indictment in such case must show that the defendant was informed of the official character of the constable. 6 Blackf. 277. SEC. 41. ESCAPE-AIDING ESCAPE. SEC. 43. If any officer, whose duty it may be to have the custody of prisoners, charged with or convicted of any of fense against any law of this state, shall negligently suffer Escape-Aiding escape. any such prisoner to escape out of his custody, he shall be fined not exceeding ten thousand dollars. 2 R. S. 474. SEC. 44. Every person who shall aid any prisoner, lawfully committed to any place of confinement, in an attempt to escape therefrom, or who shall convey into such place of confinement anything, with intent to facilitate the escape of such prisoner, shall be punished by imprisonment in the county jail not exceeding twelve months, or be fined not exceeding five hundred dollars, or by both such fine and imprisonment. Ibid. SEC. 50. Every person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity, or master or apprentice, to any person guilty of any felony, who shall, after the commission of such crime, harbor, conceal or assist any such offender, with intent that he shall escape from detection or punishment, shall be deemed an accessory after the fact, and, upon conviction thereof, shall be imprisoned in the state's prison not less than one nor more than five years. 2 R. S. 447. (See Accessory.) SEC. 51. Every person who shall be guilty of any crime punishable by the provisions of the last two preceding sections, may be indicted and convicted before or after the principal offender is indicted and convicted. Ibid. SEC. 52. If any officer whose duty it may be to have the custody of any prisoner charged with or convicted of any crime, the punishment for which is death, shall voluntarily suffer such prisoner to escape, such officer, on conviction, shall be imprisoned in the state's prison not more than twentyone, nor less than two years. Ibid. (See Official Misconduct.) SEC. 53. If any officer, whose duty it may be to have the custody of any prisoner charged with or convicted of any felony, the punishment for which is confinement in the state's prison, shall voluntarily suffer such prisoner to escape from his custody, such officer, upon conviction thereof, shall suffer the punishment incident to the crime with which such prisoner, thus escaping, shall have been charged or convicted. Id. 448. (See Official Misconduct.) Escape-Aiding escape. SEC. 54. If any other person than the officer who has the custody of any prisoner charged with or convicted of a felony, shall aid or accomplish the escape of any such prisoner, such person, on conviction thereof, shall be imprisoned in the state's prison not more than twenty-one nor less than two years. Ibid. SEC. 55. Every convict confined in the state's prison who shall escape therefrom, upon conviction, shall be imprisoned in the state's prison not exceeding double the length of time for which such escaping convict was originally sentenced, to commence from the expiration of the original term of his or her imprisonment. Ibid. SEC. 56. If any prisoner confined in the state's prison shall escape therefrom, he or she may be retaken and imprisoned again, notwithstanding the term for which he or she was sentenced to be imprisoned may have expired when he or she shall be retaken, and shall remain so imprisoned until tried for such escape, or until he or she be discharged on a failure to prosecute therefor. Ibid. circuit court, in State of Indiana, duly impaneled, for the county of, and the year returned into said court an indictment in the words and figures following: [here insert an exact copy of the indictment], which indictment was then and there duly filed in said court by W. W. T, Esq., who was then and there the clerk of said court, and said indictment was signed and indorsed, "a true foreman; and that afterward, to-wit, on the day a warrant was issued by the said in the year bill," day of W. W. T., Esq., the clerk of said court, in the words and figures following, to-wit, [here insert a copy of the warrant], which said warrant was then and there signed by the said clerk of said court, and sealed with the seal of said court, and was afterward, to-wit, on the at said county, delivered by said clerk to S. S., Esq., then the sheriff of said county, to be by him executed according to law; and that afterward, to-wit, on the day of in the year Escape-Aiding escape. day of, in the year — at said county, the said sheriff, by virtue of said warrant, duly arrested and took into custody the body of the said A. B., named in said warrant, and him then and there lawfully committed to the jail of said county, the same being the proper place of confinement in such case made and provided; and that afterward, to-wit, on the in the year day of at said county, and while the said A. B. was so lawfully committed to said place of confinement, as aforesaid, one C. D. unlawfully did convey and cause to be conveyed into said place of confinement two steel files, being instruments proper to facilitate the escape of prisoners, with intent then and there and thereby to facilitate the escape of the said A. B. from said place of confinement. Bicknell's Crim. Pr. 438. county, feloniously stole, took, led, and drove away one horse, of the value of one hundred dollars, of the goods and chattels of E. F., and that A. B., on the day of -, in the year ——, at said county, not being the husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity, or master or apprentice to the said C. D., and then and there, well knowing that said C. D. had committed said felony, did, then and there, after the commission of said felony, feloniously and knowingly did harbor and assist said C. D., with intent that said C. D. should escape from detection, by then and there feloniously and knowingly concealing said C. D. in the barn of him, the said A. B., and by then and there feloniously and knowingly taking said C. D. by night, in a covered wagon, beyond the limits of the State of Indiana. Bicknell's Crim. Pr. 485. (See Official Misconduct.) Escape. Negligence need not be proved, for the law implies it, and if the officer is not at fault in suffering the prisoners to escape, he must prove it. Bicknell's Crim. Pr. 437, 438. Escape after conviction.-When the accused is on bail, the return of a verdict of guilty does not, of itself, terminate his right to his liberty or place him in the custody of the sheriff, nor does it give to the sheriff any right to arrest or imprison him, and hence a prosecution can not be maintained, under such circumstances, against one who aids in the escape of the accused. 28 Ind. 205. Convict-Escape.-Where a prisoner escapes after conviction, and |