Rescue is the forcibly and knowingly freeing another from an arrest or imprisonment; and it is generally the same offense in the stranger so rescuing as it would have been in a gaoler to have voluntarily permitted an escape.96

90 Britten vs. Chegary, 20 N. J. L., 625.

91 Com. vs. Pease, 16 Mass., 91;

Ward vs. Allen, 2 Met. (Mass.), 53. 92 State vs. Ash, 33 Or., 86. 93 McDaniel Vs. State, 27 Ga., 197.

94 6 Am. & Eng. Ency. Law, 401

(2nd Ed.). 95 Smith vs. Crego, 7N.Y Sup., 86;

Treadwell vs. Torbert, 122 Ala., 297. 96 4 Blackstone Com., 131; 2

McClain Cr. Law, Sec. 930.

A rescue therefore of one apprehended for felony, is felony; for treason, is treason; and for a misdemeanor, a misdemeanor also.97