
    The People against Rose.
    a person con-who* attempts breaking6’ the P"™nn’c'en c™"f pJlgon^^co^ for Hony, escapes from the gaol, offence within tkmofthestachap. 29Ssi m B.L. 412.)anff inay be punishfonment i™ the PriEon-
    THE defendant, who was brought up on habeas corpus, had been indicted at the last oyer and terminer in Onondaga county, under the 20th section of the act declaring the punishment of crimes, (1 N. R. L. 412. sess. 36. c. 29;) for aiding a prisoner, who was confined in the gaol of that county for felony, in es-coping from the gaol.
    It appeared that Rose, who was confined in the same gaol for some petty offence, attempted to escape, by breaking the prison; inconsequence of which, a fellow prisoner, confined for felony, was enabled to escape,
    
      E. Williams, for the defendant,
    contended, that the prisoner, in breaking the prison, intended only to effect his own and not to aid or assist other prisoners to escape; and that the pose did not, therefore, come within the statute.
   Per Curiam.

This case is clearly yvithin the mischief which the statute was made ■ to prevent. The prisoner must, therefore, be sentenced to the state prison, at hard labour, for five years.  