California statute
Cal. Penal Code § 1496
Current through 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12)
Part of Chapter 1: Of the Writ of Habeas Corpus, California Penal Code.
Full text of Cal. Penal Code § 1496
Statutory text current through the 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12). This publication reproduces the official statutory text; it is not the official statutes of the State of California.
No person who has been discharged by the order of the Court or Judge upon habeas corpus can be again imprisoned, restrained, or kept in custody for the same cause, except in the following cases: 1. If he has been discharged from custody on a criminal charge, and is afterwards committed for the same offense, by legal order or process; 2. If, after a discharge for defect of proof, or for any defect of the process, warrant, or commitment in a criminal case, the prisoner is again arrested on sufficient proof and committed by legal process for the same offense.
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