
    The People against Duell.
    ALBANY,
    August, 1808.
    if a prisoner county ^ prison on a conviction ny/’tocak^prL ?on> ’-s tony ior which lie may be sen-p^HonLent^iu the state priHod not cx-
    THE prisoner was convicted at the last oyer and terminer, in the county of Saratoga, of breaking the gaol, in which he was confined for petit larceny, under a sentence of the general sessions of the peace, and enabling another prisoner also to escape, who was in prison on a 1 1 * charge of felony. .
    The prisoner was brought up on a habeas corpus, to receive the sentence of the court.
   The Court.

A breach of prison by a person in gaol on a charge of felony, is itself a felony above the degree of petit larceny, and punishable by imprisonment in the state prison, for a period not exceeding 14 years. The court sentence the prisoner to an imprisonment in the state prison for four years.  