1. (a) A person shall not be discharged from an order of commitment issued by any judicial or peace officer:

   1. (1) for want of bail, or in cases not bailable, on account of a defect in the charge or process; or
   2. (2) for alleged want of probable cause.

2. (b) In cases described in subsection (a), the court or judge shall:

   1. (1) summon the prosecuting witnesses;
   2. (2) investigate the criminal charge;
   3. (3) discharge, let to bail, or recommit the prisoner, as may be just and legal; and

   4. (4) recognize witnesses when proper.

      [Pre-1998 Recodification Citation: 34-1-57-14.]

As added by P.L.1-1998, SEC.21.