California § 1496. 1496. (Enacted 1872.)

California Statutes

§ 1496. — 1496. (Enacted 1872.)

California § 1496.

JurisdictionCalifornia

Code PENPenal Code - PEN

Title12.

Part 2.TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE

Ch. 1.CHAPTER 1. Of the Writ of Habeas Corpus

This text of California § 1496. (1496. (Enacted 1872.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Penal Code - PEN Code § 1496. (2026).

Text

No person who has been discharged by the order of the Court or Judge upon habeas corpus can be again imprisoned, 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 same offense.

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No person who has been discharged by the order of the Court or Judge upon habeas corpus can be again imprisoned, 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 same
offense.

Legislative History

Enacted 1872.

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California § 1496., Counsel Stack Legal Research, https://law.counselstack.com/statute/ca/PEN/1496..