100 Ala. 395 | Ala. | 1893
This is an application for tbe writ of habeas corpus. The petition and record show that petitioner was arrested and committed to jail upon a warrant and order of commitment issued by a justice of the peace, irregular and illegal upon its face, and based upon an affidavit which charged no offense. He sued out a writ, of habeas corpus before the probate judge of Tuscaloosa county, and was ordered to be discharged for the causes which have been stated. He was immediately re-arrested by the sheriff under another warrant issued by the same justice, legal upon its face, issued upon a sufficient affidavit. Upon habeas corpus proceedings, founded upon the second detention, the probate judge refused to discharge him, hence the application to this court. It is conceded that the petitioner committed but one offense (if he committed any) and that • in both instances of his arrest it was for the same act. The only question presented for consideration is, whether, when a person has been arrested upon a warrant, and held to commitment, which charges no criminal offense, and issued upon an affidavit which shows no violation of law, and for these causes has been discharged upon writ of habeas corpus, he may be again arrested and detained by virtue of a legal warrant, issued upon a sufficient affidavit. There can be but one answer to such a proposition. Section 4787 of the Criminal Code which provides that, “When a person has once been discharged on habeas corpus he can not be again
Denied.