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.
§ 44-1-28 NMSA 1978
[Detention for same offense after discharge on habeas corpus prohibited; when permissible.]
Known as the Uniform Unsworn Foreign Declarations Act
The act spans §§ 44-1-1 to 44-8-9 (147 sections).
Laws 1884, ch. 1, § 27; C.L. 1884, § 2038; C.L. 1897, § 2808; Code 1915, § 2616; C.S. 1929, § 63-128; 1941 Comp., § 25-1128; 1953 Comp., § 22-11-28.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.