Russell, C. J.
Speaking for myself and by authority of Atkinson and Gilbert, JJ., I am of the opinion that not only the definitive terms of Code § 313, defining the offense of rescue, but as well the illuminating explanation of the difference between the offenses of rescue and of aiding an escape from custody contained in Robinson v. State, 82 Ga. 535, 544 (9 S. E. 528), entitles the defendant to a new trial.