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Assisting with Escape from County Jail

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August 30, 2004, 15:58
Laurie K. English
Assisting with Escape from County Jail
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
August 30, 2004, 16:49
JB
Why not just indict them for escape under party liability?
August 31, 2004, 08:26
Ken Sparks
I agree with John. Charge them under PC Sec. 38.06 and use a parties charge under PC Sec. 7.01.