102 Neb. 611 | Neb. | 1918
Tbe relator, appellant, detained under a complaint cbarging him with feticide and homicide, committed upon one Emma Staack, appeals from the order of the district court for Hall county denying his application for a writ of habeas corpus. He contends that the evidence did not show the commission of the crime or any possible connection of the appellant with the crime.
The appellant had been previously discharged on habeas corpus on a complaint in the same form and for the same offense as the one under consideration. It is contended that under section 9255, Rev. St. 1913, the previous discharge is res judicata. It appears that the first discharge was ordered on the ground “that the record fails to show that any crime was committed in Hall county, Nebraska,” the place alleged. Section 9255, supra, is in part as follows: “Any person who shall be set at large upon any habeas corpus, shall not be again imprisoned for the same offense, unless by the legal order or process of the court wherein he or she shall be bound by recognizance to appear, or other court having jurisdiction of the cause or offense.” This is substantially the same law as in England, and in most of the states, as to the effect of a discharge. It is generally held that, where on habeas corpus the accused is discharged from custody for reasons that do not go to the merits of the
Affirmed.