It has been held that United States offi cials have no right to confiscate money found on federal prisoners, and when it has been done and the money paid into the treasury, it may be recovered back by suit against the United States under the act of March 3, 1887; U. S. v. Harris, 77 Fed. 821, 23 C. C. A. 483.
In England an officer who arrests a prison er has no right to take from him money un less it is in some way connected with the of fence with which he is charged, as he there by deprives him of the means of making his defence; 7 C. & P. 138, 488, 515; and it was so held with respect to a watch and other articles taken by a police officer,at the time of arrest ; id. 447. In this case the indict ment was for rape, and it was said by Patte son, J.: "Certainly the property must be giv en up ; it has nothing whatever to do with the charge. It ought not to have been tak en." Though the laws of a state permit a prison warden to receive and care for property found ou convicts, the warden is not thereby authorized to receive payment on a certifi cate of deposit ; Thompson v. Niles, 115 Ia. 67, 87 N. W. 732. See SEARCH.
Keeping a prisoner on bread and water is a cruel and unusual punishment ; Johnson v. Waukesha Co., 64 Wis. 281, 25 N. W. 7.
It is no defence to a prosecution for mur der that the accused was a convict for life ; Singleton v. State, 71 Miss. 782, 16 South. 295, 42 Am. St. Rep. 488; contra, Ex parte Meyers, 44 Mo. 279; State v. Jolly, 96 Mo.
435, 9 S. W. 897, where it was held that the prisoner could not be tried for another crime until the expiration of the term imposed up on him. In Gaines v. State (Tex.) 53 S. W. 623, it was held that a prisoner could be brought into court to be tried on another charge.
A convict who escapes before the comple tion of his term is not entitled to an allow ance for the time he was at large; Ex parte Moebus, 137 Fed. 154. See ESCAPE.
One in jail and awaiting trial is entitled freely to consult with his counsel, privately and apart ; State v. Davis (Oki.) 130 Pac. 962, 44 L. R. A. (N. S.) 1083.
A prisoner, who is serving a life sentence at the time of his father's death, does not inherit from him; In re Donnelly's Estate, 125 Cal. 417, 58 Pac. 61, 73 Am. St. Rep. 62 ; but though a life prisoner is, declared civilly dead by statute, the descent of his property is not thereby cast on his heirs ; Smith v. Becker, 62 Kan. 541, 64 Pac. 70, 53 L. R. A. 141. A prisoner sentenced to death is not in capable of managing his own estate prior to execution ; Gray v. Stewart, 70 Kan. 429, WI Pac. 852, 109 Am. St. Rep. 461; where a life prisoner is insane, a committee may be ap pointed for his estate ; Trust Co. v. Deposit Co., 187 N. Y. 178, 79 N. E. 996. A contract by one confined for life is valid; Stephani v. Lent, 30 Misc. 346, 63 N. Y. Supp. 471.
See TICKET-OF-LEAVE ; SENTENCE ; PUNISH MENT ; ACCUMULATIVE SENTENCE.