13-4139. Finality of discharge; exceptions

A person who has been discharged by order of the court or judge upon habeas corpus shall not be again imprisoned, restrained or kept in custody for the same cause, except:

1. If he was discharged from custody on a criminal charge, and is afterwards committed for the same offense by legal order or process.

2. If, after discharge for defect of proof, or for any defect in process, warrant or commitment, the prisoner is again arrested on sufficient proof and committed by legal process for the same offense.

13-4139. Finality of discharge; exceptions

A person who has been discharged by order of the court or judge upon habeas corpus shall not be again imprisoned, restrained or kept in custody for the same cause, except:

1. If he was discharged from custody on a criminal charge, and is afterwards committed for the same offense by legal order or process.

2. If, after discharge for defect of proof, or for any defect in process, warrant or commitment, the prisoner is again arrested on sufficient proof and committed by legal process for the same offense.