§ 9-14-16. When Person Not to Be Discharged

No person shall be discharged upon the hearing of a writ of habeas corpus in the following cases:

1. When he is imprisoned under lawful process issued from a court of competent jurisdiction unless his case is one in which bail is allowed and proper bail is tendered;
2. By reason of any irregularity in the warrant or commitment where the same substantially conforms to the requirements of law;
3. For want of bond to prosecute;
4. When the person is imprisoned under a bench warrant which is regular upon its face;
5. By reason of any misnomer in the warrant or commitment when the court is satisfied that the person detained is the party charged with the offense;
6. When the person is in custody for a contempt of court and the court has not exceeded its jurisdiction in the length of the imprisonment imposed; or
7. In any other case in which it appears that the detention is authorized by law.

History. Orig. Code 1863, § 3924; Code 1868, § 3947; Code 1873, § 4023; Code 1882, § 4023; Penal Code 1895, § 1224; Penal Code 1910, § 1305; Code 1933, § 50-116.

Cross references.

For further provisions regarding discharge on writ of habeas corpus because of informality in the commitment or the proceedings prior thereto, see § 17-7-34 .