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Samwel s/o John v. R., Crim. App. 512-D-67, 23/8/67, Hamlyn J.

Samwel s/o John v. R., Crim. App. 512-D-67, 23/8/67, Hamlyn J.

Accused was charged with rescue of a prisoner [P.C. s. 115 (c) ] and obstructing  a police officer [P. C. s. 243 (b) ]. He was convicted on the second count. However, he was acquitted on the first count on the ground that the section applies only to the rescue of a prisoner who has been tried and convicted of an offence.

            Held: (1) Penal Code section 115 applies to the rescue of any person in lawful custody whether he has been tried and convicted or is merely in custody pending trial. (2) Since the appeal as to the conviction on the second count has no merit and a sentence relating to the first count would have run concurrently with that on the second count, no change in the sentence is required. Appeal dismissed.


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