The care and keeping of anything; as when an article is said to be “in the custody of the court.” People v. Burr, 41 IIow. Prac. (N. Y.) 296; Einmerson v. State, 33 Tex. Cr. R. 89, 25 S. W. 290; Roe v. Irwin, 32 Ga. 39. Also the detainer of a man’s person by virtue of lawful process or authority; actual imprisonment. In a sentence that the defendant “be in custody until,” etc., this term imports actual Im-prlsonment. The duty of the sheriff under Buch a sentence is not performed by allowing the defendant to go at large tinder his gen-eral watch and control, but so doing renders him liable for an escape. Smith v„ Com., 59 Pa. 320; wilkes v. Slaughter, 10 N. C. 216; Turner v. Wilson, 49 Ind. 581; Ex parte Powers (D. C.) 129 Fed. 985
Source: Black’s Law Dictionary 2nd Ed (1910)
