§ 13-45-109 — Once discharged - reimprisonment

(1) No person who has been
discharged by order of a court on a habeas corpus shall be again imprisoned,
restrained, or kept in custody for the same cause, unless he is afterwards indicted
for the same offense or unless by the legal order or process of the court wherein he
is bound by recognizance to appear.

(2) The following shall not be deemed to be the same cause:

(a) If, after a discharge for a defect of proof or on any material defect in the
commitment in a criminal case, the prisoner is again arrested on sufficient proof
and committed by legal process for the same offense;

(b) If, in a civil suit, the party has been discharged for any illegality in the
judgment or process and is afterwards imprisoned by legal process for the same
cause of action;

(c) Generally, when the discharge has been ordered on account of the
nonobservance of any of the forms required by law, the party may be a second time
imprisoned if the cause is legal and the forms required by law observed.

Legislative History

Source: R.S. p. 355, � 7. G.L. � 1329. G.S. � 1615. R.S. 08: � 2925. C.L. � 6494. CSA: C. 77, � 9. CRS 53: � 65-1-9. C.R.S. 1963: � 65-1-9.