If no legal cause is shown for such imprisonment or restraint, or for the continuation thereof, such officer shall discharge such party from the custody or restraint under which he is held.
History: Laws 1884, ch. 1, § 15; C.L. 1884, § 2026; C.L. 1897, § 2795; Code 1915, § 2603; C.S. 1929, § 63-115; 1941 Comp., § 25-1115; 1953 Comp., § 22-11-15.
ANNOTATIONS
Function of writ of habeas corpus is not to review record for errors of the trial court, and where the petition states no facts showing petitioner is unlawfully deprived of his liberty, it will be denied. Smith v. People, 1962-NMSC-152, 71 N.M. 112, 376 P.2d 54.
No appeal lies from decision of district court in habeas corpus proceedings. In re Forest, 1941-NMSC-019, 45 N.M. 204, 113 P.2d 582.
Inability to pay support money negates sentence on habeas corpus. — Present ability to pay arrears of monthly sums allowed for support of children is essential to the validity of a contempt sentence to continue until payment, and where record shows that such sentence was imposed in absence of ability to pay, the sentence must be held for naught on habeas corpus. Ex parte Sedillo, 1929-NMSC-038, 34 N.M. 98, 278 P. 202.
Law reviews. — For article, “Habeas Corpus in New Mexico,” see 11 N.M.L. Rev. 291 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 156.
Right of state or public officer to appeal from an order in habeas corpus releasing one from custody, 10 A.L.R. 385, 30 A.L.R. 1322.
Arresting one who has been discharged on habeas corpus, 62 A.L.R. 462.
Right to appeal from conviction as affected by discharge on habeas corpus, 74 A.L.R. 641.
Discharge on habeas corpus after conviction as affecting claim or plea of former jeopardy, 97 A.L.R. 160.
39A C.J.S. Habeas Corpus § 228.