It shall be the duty of all the officers and other citizens of the state, by every means in their power, to suppress any insurrection, mutiny or disorder among convicts sentenced to the penitentiary and to prevent the escape or rescue of any such convicts therefrom, or from any other legal confinement, or from any person in whose legal custody they may be, and if in so doing or arresting any convict who may have escaped, such officer or other person should wound or kill such convict or other person aiding or assisting such convict, they shall be justified and held guiltless, but they shall not be excusable for using greater force than the emergency of the case demands.
History: Laws 1889, ch. 76, § 15; C.L. 1897, § 3504; Code 1915, § 5065; C.S. 1929, § 130-148; 1941 Comp., § 45-152; 1953 Comp., § 42-1-52.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For escape from penitentiary, see 30-22-9 NMSA 1978.
For assisting escape of prisoner, see 30-22-11 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Homicide § 24; 60 Am. Jur. 2d Penal and Correctional Institutions § 138.
Prosecutions of inmates of state or local penal institutions for crime of riot, 39 A.L.R.4th 1170.
6A C.J.S. Assault and Battery §§ 96-98; 40 C.J.S. Homicide §§ 104 to 106.