PRISON BREAKING. The act by which a prisoner, by force and violence, escapes
from a place where he is lawfully in custody. This is an offence at common
law.
2. To constitute this offence, there must be, 1. A lawful commitment of
the prisoner; vide Regular and Irregular process. 2. An actual breach with
force and violence of the prison, (q.v.) by the prisoner himself or by
others with his privity and procurement. Russ. & Ry. 458; 1 Russ. Cr. 380.
3. The prisoner must escape. 2 Hawk. P. C. c. 18, s. 12; vide 1 Hale P. C.
607; 4 Bl. Com. 130; 2 Insts. 500; 2 Swift's Dig. 327; Alis. Prin. 555;
Dalloz, Dict. mot Effraction.