But on the other hand a person who is unlawfully imprisoned may break jail and regain his liberty without committing escape; and so to assist one in securing his liberty when unlawfully held or imprisoned is no offense.105

But mere irregularity of a commitment is no defense to a charge of escape, unless the commitment is void and issued without authority of law.106

The innocence of a prisoner of the crime for which he is held is no excuse for unlawful escape if he was held lawfully.107