Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1873, § 4646 are included in the annotations for this Code section.

Preemption of section regarding parties to crimes.

- O.C.G.A. § 16-10-53(a) preempts O.C.G.A. § 16-2-20(b)(3) (aiding and abetting the commission of an offense), insofar as escape from confinement is concerned. Harden v. State, 184 Ga. App. 371, 361 S.E.2d 696 (1987).

One who knowingly aids convict either to get away or stay away violates former Penal Code 1895, § 315 (see now O.C.G.A. § 16-10-53). Smith v. State, 8 Ga. App. 297, 68 S.E. 1071 (1910).

Defendant must know of or have good reason to believe legal character of custody. Habersham v. State, 56 Ga. 61 (1876) (decided under former Code 1873, § 4646); McBryar v. McElroy, 510 F. Supp. 706 (N.D. Ga. 1981).

Questions of legality of custody are for jury. Habersham v. State, 56 Ga. 61 (1876) (decided under former Code 1873, § 4646); McBryar v. McElroy, 510 F. Supp. 706 (N.D. Ga. 1981).

Creating impediment while prisoner is still in sight constitutes violation. Perry v. State, 63 Ga. 402 (1879).

As long as prisoner is in sight, escape is not complete. Smith v. State, 8 Ga. App. 297, 68 S.E. 1071 (1910).

Force permitted in arresting persons reasonably suspected of aiding escape.

- If correctional officer reasonably believes persons in aircraft landing inside perimeter of correctional facility are aiding or attempting to aid an escape, then the officer is entitled to make an arrest of those persons. To effectuate this arrest the officer is justified in using reasonable force. 1981 Op. Att'y Gen. No. 81-90.

Extent to which force may be utilized in disabling aircraft landing inside perimeter of correctional facility. See 1981 Op. Att'y Gen. No. 81-90.

Maintenance by Georgia Crime Information Center of records regarding violations of provisions regarding aiding or permitting escape. See 1976 Op. Att'y Gen. No. 76-33.

Am. Jur. 2d.

- 27A Am. Jur. 2d, Escape, § 9.

C.J.S.

- 30A C.J.S., Escape and Related Offenses; Rescue, § 24 et seq.

ALR.

- What justifies escape or attempt to escape, or assistance in that regard, 70 A.L.R.2d 1430.

Escape or prison breach as affected by means employed, 96 A.L.R.2d 520.

When statute of limitation begins to run on charge of obstructing justice or of conspiracy to do so, 77 A.L.R.3d 725.

Immunity of public officer from liability for injuries caused by negligently released individual, 5 A.L.R.4th 773.