Delaware § 6909 Discharge generally; defects in commitment

Delaware Statutes

§ 6909 — Discharge generally; defects in commitment

Delaware § 6909

Title10

PartSpecial Proceedings

Ch. 69HABEAS CORPUS

This text of Delaware § 6909 (Discharge generally; defects in commitment) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 10, § 6909 (2026).

Text

(a)If no legal cause be shown for the imprisonment or restraint, the court or judge shall discharge the party therefrom. Any order entered upon a petition for a writ of habeas corpus discharging the prisoner from custody or otherwise granting relief to the prisoner may be appealed by the State to the Delaware Supreme Court.

(b)No person shall be discharged for a mere defect in the commitment, if the evidence before the court or judge is sufficient to require that he or she should be committed, or bound for his or her appearance. In such case the committing magistrate shall be summoned, proper witnesses examined, and the accused committed properly.

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(a) If no legal cause be shown for the imprisonment or restraint, the court or judge shall discharge the party therefrom. Any order entered upon a petition for a writ of habeas corpus discharging the prisoner from custody or otherwise granting relief to the prisoner may be appealed by the State to the Delaware Supreme Court.

(b) No person shall be discharged for a mere defect in the commitment, if the evidence before the court or judge is sufficient to require that he or she should be committed, or bound for his or her appearance. In such case the committing magistrate shall be summoned, proper witnesses examined, and the accused committed properly.

Legislative History

Code 1852, §§ 2550, 2557, 2558; Code 1915, §§ 4482, 4489; Code 1935, §§ 4934, 4941; 10 Del. C. 1953, § 6909; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 231, § 1