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How would you indict this one:

Four inmates at the county jail lift the sally-port gate so Inmate X can crawl under and escape, which he does.

PC 38.07 addresses (1) officials or employees that allow an inmate to escape or (2) persons assisting with the escape of another person who is in custody for delinquency or civil committment.

PC 38.09 seems to apply IF lifting the gate qualifies as "anything that may be useful for escape."

Any suggestions? Confused
 
Posts: 34 | Location: 112th Judicial District | Registered: March 29, 2001Reply With QuoteReport This Post
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Why not just indict them for escape under party liability?
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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I agree with John. Charge them under PC Sec. 38.06 and use a parties charge under PC Sec. 7.01.
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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