§ 13-45-101 — Petition for writ - criminal cases

(1) If any person is committed
or detained for any criminal or supposed criminal matter, it is lawful for him to apply
to the supreme or district courts for a writ of habeas corpus, which application shall
be in writing and signed by the prisoner or some person on his behalf setting forth
the facts concerning his imprisonment and in whose custody he is detained, and
shall be accompanied by a copy of the warrant of commitment, or an affidavit that
the said copy has been demanded of the person in whose custody the prisoner is
detained, and by him refused or neglected to be given. The court to which the
application is made shall forthwith award the writ of habeas corpus, unless it
appears from the petition itself, or from the documents annexed, that the party can
neither be discharged nor admitted to bail nor in any other manner relieved. Said
writ, if issued by the court, shall be under the seal of the court, and directed to the
person in whose custody the prisoner is detained, and made returnable forthwith.

(2) To the intent that no officer, sheriff, jailer, keeper, or other person to
whom such writ is directed may pretend ignorance thereof, every writ shall be
endorsed with the words by the habeas corpus act. When the writ is served by any
person upon the sheriff, jailer, or keeper, or other person to whom the same is
directed, or brought to him, or left with any of his underofficers or deputies at the
jail or place where the prisoner is detained, he or some of his underofficers or
deputies, upon payment or tender of the charges of bringing the said prisoner, to be
ascertained by the court awarding the said writ and endorsed thereon not
exceeding fifteen cents per mile and upon sufficient security given to pay the
charges of carrying him back if he is remanded, shall make return of the writ and
bring, or cause to be brought, the body of the prisoner before the court which
granted the writ and certify the true cause of his imprisonment within three days
thereafter, unless the commitment of such person is in a place beyond the distance
of twenty miles from the place where the writ is returnable; if it is beyond the
distance of twenty miles and not above one hundred miles, the writ shall be
returned within ten days and, if beyond the distance of one hundred miles, within
twenty days after the delivery of the writ, and not longer.

Legislative History

Source: R.S. p. 352, � 1. G.L. � 1323. G.S. � 1609. R.S. 08: � 2917. C.L. � 6486. CSA: C. 77, � 1. CRS 53: � 65-1-1. C.R.S. 1963: � 65-1-1.