If the person in question is detained upon a criminal charge and it appears to the court that there is probable cause for his detention, he shall not be discharged for any defect in the affidavit, warrant, or commitment until a reasonable time has been given to the prosecutor to remedy the defect by a new proceeding.
(Laws 1808, Cobb's 1851 Digest, p. 856; Code 1863, § 3926; Code 1868, § 3949; Code 1873, § 4025; Code 1882, § 4025; Penal Code 1895, § 1227; Penal Code 1910, § 1308; Code 1933, §50-117.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, §§ 33, 102, 156, 164.
C.J.S.- 39A C.J.S., Habeas Corpus, § 337.
ALR.
- Discharge on habeas corpus in federal court from custody under process of state court for acts done under federal authority, 65 A.L.R. 733.
Illegal or erroneous sentence as ground for habeas corpus, 76 A.L.R. 468.
Discharge on habeas corpus after conviction as affecting claim or plea of former jeopardy, 97 A.L.R. 160.