Imprisonment for same cause after discharge

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  • No person who has been discharged by order of the court upon habeas corpus shall be again imprisoned or restrained, or kept in custody for the same cause, except in the following cases:
    • (1) If he has been discharged from custody on a criminal charge, and is 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 prisoner is again arrested on sufficient proof and committed by legal process for the proceeding offense.


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