No person who has been discharged by the order of the judge upon habeas corpus issued pursuant to the provisions of this chapter shall be again imprisoned, restrained or kept in custody for the same cause, except in the following cases:
1. If the person shall have been discharged from custody on a criminal charge and be afterwards committed for the same offense by legal order or process.
2. If after a discharge for defect of proof, or for any defect of the process, warrant or commitment in a criminal case, the person be again arrested on sufficient proof and committed by legal process for the same offense.
[29:93:1862; B § 377; BH § 3699; C § 3771; RL § 6254; NCL § 11403]