§660-33  Discharge, effect of.  No
person who has been discharged upon a writ of habeas corpus shall be again
imprisoned or restrained for the same cause, unless the person is indicted
therefor, or convicted thereof, or committed for want of bail, by some court of
record, having jurisdiction of the cause, or unless after a discharge for
default of proof, or for some material default in the commitment in a criminal
case, the person is again arrested on sufficient proof, and committed by legal
process, for the same offense. [L 1870, c 32, §30; RL 1925, §2756; RL 1935,
§4341; RL 1945, §10382; RL 1955, §239-33; HRS §660-33; gen ch 1985]



 



Case Notes



 



  This section relates to a final discharge, not to judgment of
discharge which has been arrested by an appeal.  13 H. 534.  Decision
discharging prisoner conclusively determines that the prisoner was not liable
to be held on the state of facts then existing.  15 H. 276.