New Mexico § 44-1-28 [Detention for same offense after discharge on habeas

New Mexico Statutes

§ 44-1-28 — [Detention for same offense after discharge on habeas

New Mexico § 44-1-28

Ch. 44Miscellaneous Civil Law Matters

Art. 1Habeas Corpus

This text of New Mexico § 44-1-28 ([Detention for same offense after discharge on habeas) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 44-1-28 (2026).

Text

corpus prohibited; when permissible.] No person who has been discharged upon a habeas corpus shall be again imprisoned or restrained for the same cause, unless indicted therefor, convicted thereof or committed for want of bail by some court of record having jurisdiction of the cause; or unless after a discharge for a defect of proof or for some material defect in the commitment in a criminal case, he is again arrested on sufficient proof and committed by legal process.

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corpus prohibited; when permissible.] No person who has been discharged upon a habeas corpus shall be again imprisoned or restrained for the same cause, unless indicted therefor, convicted thereof or committed for want of bail by some court of record having jurisdiction of the cause; or unless after a discharge for a defect of proof or for some material defect in the commitment in a criminal case, he is again arrested on sufficient proof and committed by legal process.